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Summary

Until now, the resolution of international commercial and investment disputes has been dominated almost exclusively by international arbitration. But that is changing. Whilst they may be complementary mechanisms, international mediation and conciliation are now coming to the fore.

Mediation rules that were in disuse gather momentum, and dispute settlement centres are introducing new mediation rules. The European Union is encouraging international mediation in both the commercial and investment spheres. The 2019 Singapore Mediation Convention of the United Nations Commission on International Trade Law (UNCITRAL) is aiming to ensure enforcement of international commercial settlement agreements resulting from mediation. The first investor-State disputes are mediated under the International Bar Association (IBA) rules. The International Centre for Settlement of Investment Disputes (ICSID)'s conciliation mechanism is resorted to more often than in the past. The International Chamber of Commerce (ICC) has recently administered its first mediation case based on a bilateral investment treaty, and a new training market on mediation is flourishing.

Mediation in Commercial and Investment Disputes brings together a line-up of outstanding, highly-qualified experts from academia, mediation and arbitration institutions, and international legal practice, to address this highly topical, complex subject from a variety of angles.

Author Biography

Catharine Titi, Research Associate Professor, French National Centre for Scientific Research (CNRS)-CERSA, University Paris II Pantheon-Assas,Katia Fach Gomez, Tenured Professor, Law School, University of Zaragoza

Catharine Titi is Research Associate Professor at the French National Centre for Scientific Research (CNRS)-CERSA, University Paris II Pantheon-Assas, France.

Katia Fach Gomez is Tenured Professor (Profesora Titular) at the Law School, University of Zaragoza, Spain.

Foreword, Edna Sussman
Part I. COMMERCIAL AND INVESTMENT MEDIATION: BOUNDARIES, TRENDS AND OUTLOOK
1. The Role of Mediation in International Commercial Disputes: Reflections on some Technological, Ethical, and Educational Challenges, Katia Fach Gomez
2. Between Utopia and Realism: Mediation and the Settlement of Investment Disputes, Catharine Titi
3. Applying the Lessons of International Commercial Arbitration to International Commercial Mediation. A Dispute System Design Analysis, S. I. Strong
4. Concurrent Co-Mediation-Toward a More Collaborative Centre of Gravity in Investor-State Dispute Resolution, Jack J. Coe, Jr.
Part II. MEDIATION RULES AND MEDIATION IN PRACTICE
5. ICC Mediation: Paving the Way Forward, Alina Leoveanu and Andrija Erac
6. The International Centre for Dispute Resolution's Mediation Practice and Experience, Eric Tuchmann, Tracey B. Frisch, Giovanna Micheli, and Yanett Quiroz
7. The ICSID Conciliation Rules in Practice, Frauke Nitschke
8. Political Risk Insurance and Mediation, Kaj Hober
9. The Growing Importance of Regional Mediation Centres in Asia, Danny McFadden
10. Mediation of Cross-Border Commercial Disputes in the European Union, Karen Vandekerckhove
Part III. SUBJECT-MATTER MEDIATION OF COMMERCIAL AND INVESTMENT DISPUTES
11. Mediation of Financial Disputes, Ilaria Forestieri and Philipp Paech
12. Mediating Sovereign Debt Disputes, Calliope Sudborough
13. Mediating International Energy Disputes, Peter Cameron and Abba Kolo
14. WIPO Mediation: Resolving International Intellectual Property and Technology Disputes Outside the Courts, Heike Wollgast and Ignacio de Castro
15. Mediation and Other ADR in International Construction Disputes, Alberto Fortun and Alfonso Iglesia
PART IV. SPECIAL TOPICS IN THE MEDIATION OF COMMERCIAL AND INVESTMENT DISPUTES
16. Selection of Mediators, Charles H. Brower II
17. The Confidentiality and Transparency Debate in Commercial and Investment Mediation, Chester Brown and Phoebe Winch
18. Codes of Conduct for Commercial and Investment Mediators: Striving for Consistency and a Common Global Approach, Joe Tirado and Elisa Vicente Maravall
19. New Singapore Convention on Cross-Border Mediated Settlements: Key Choices, Hal Abramson

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