ICSID’s Investment Mediation Insights webinar series provides practical insights on the fast-growing field of international investment mediation.
This episode of Investment Mediation Insights convenes a panel of seasoned mediators with experience mediating investor-State disputes. Our panelists will share thoughts on the unique characteristics of investment mediation—i.e., how it differs from commercial mediation—as well as tips and guidance for mediating investment disputes effectively.
To be discussed:
- What is different about investment mediation compared to commercial mediation?
- What mediator qualifications are needed to mediate investor-State disputes?
- What are challenges mediators face in an investment mediation and how can these be overcome?
William (“Bill”) Marsh: Bill is one of the UK’s most experienced commercial mediators. Involved full-time in mediation since 1991, and independently rated by Chambers Directory as “…one of the greats…”, he has successfully mediated a wide cross-section of commercial disputes. This has included more recently many mediations conducted online. International recognition has led Bill to being awarded Mediator of the Year 2019 by the international directory Who’s Who Legal. Operating both in the UK and internationally, his mediation practice has included disputes and parties from numerous countries in Europe, Central and East Asia, Afica, Australia, the Middle East and North America all major regions of the world. Parties have included individuals, private companies and firms, public companies, public bodies/authorities, and national governments. His mediations cover a broad cross-section of commercial disputes, and range from relatively modest to multi-billion pound in value.
Mercedes Tarrazon: Mercedes is a Partner of Dispute Management, SL, with over twenty-five years’ experience as an arbitrator and mediator. Listed on ICSID’s panel of conciliators (2020-2026), Mercedes has been appointed several times as mediator in investor-State proceedings, including in the case of Punta Catalina Thermoelectric Power Plant project in the Dominican Republic which settled. She has also participated as a member of Dispute Boards. Mercedes is also a Fellow of the Chartered Institute of Arbitrators—both in arbitration and mediation—and Distinguished Fellow of the International Academy of Mediators. Mercedes is chair of the Mediation Commission of the Spanish Arbitration Club and coordinator of the Working Group on Quality and Best Practices of the Mediation Forum of the Spanish Ministry of Justice. Mercedes has been listed in Who’s Who Legal Mediation since the list’s inception (2011 to 2021) and in several issues of Who’s Who Legal Arbitration.
Martin Hauser: Martin is a certified and experienced commercial mediator offering online mediation using videoconferencing and in-person mediation sessions. He has a legal background in intellectual property, IT, licenses, distribution, competition, complex industrial projects, and international business law. With over 30 years of practice as a business lawyer in commercial litigation, international arbitration and negotiations, Martin works exclusively as mediator on the resolution of complex and emotional legal conflicts where he applies psychology and intercultural communication skills. Cross-border mediations are conducted mainly under the rules of mediation institutions such as ICC, CMAP in Paris, and WIPO in Geneva. Internationally recognized as a cross-cultural mediation and negotiation expert, he leads national and international commercial mediations in French, English, and German, and has been involved in investment mediations in the telecommunications, oil and gas sectors.
Frauke Nitschke: Frauke is a senior counsel at ICSID and serves as the team lead for one of the Centre’s case management teams. Frauke further leads ICSID’s investor-State mediation activities, including the development of the ICSID Mediation Rules, amendments to ICSID’s conciliation frameworks, and ICSID’s recent Background Paper on Investment Mediation. Frauke has developed and conducted investor-State capacity-building workshops and trainings for mediators and government officials, and led the Centre’s contributions on mediation to the United Nations Commission on Trade and Law (UNCITRAL) Working Group III on investor-State dispute settlement reform. Frauke is an accredited mediator and admitted to practice law in New York and Washington, D.C. Frauke holds law degrees from the Freie Universität Berlin and Georgetown University Law Center (LL.M.), and a Master’s degree in Organizational Psychology from the FU Hagen.