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ICSID's Investment Mediation Insights webinar, which debuted in 2021, returned in 2025 with a new installment of practical insights into the growing field of mediation between States and investors.

This episode of ICSID's Investment Mediation Insights webinar series highlights concepts and approaches to investment conflict management at the domestic level, before dispute settlement clauses are invoked and formal arbitration proceedings are commenced.

What structures could a State put in place to effectively manage conflicts with investors, resolve differences, and retain investment? Should an independent agency be set up, or are there other options, such as a grievance mechanism or an inter-ministerial commission? What functions would such a focal or coordination body exercise? What is the relationship between investment conflict management and formal representation in an international arbitral proceeding?

Our panelists explore each of these questions and more, providing examples from practice. 

Speakers:

Fahira Brodlija: Fahira is an Advisor for investment law and dispute resolution in a regional GIZ program in the Western Balkans. Her work includes advisory support for governments on investment treaty and policy design and support in designing and developing dispute prevention and management mechanisms, and capacity development, including practical training and simulations. Fahira is a lecturer at the International University of Sarajevo, and she frequently writes and speaks on topics related to ISDS reform, investment law, and international dispute resolution more broadly.  She is a tutor for the CiArb Diploma program, a lecturer for the Africa Arbitration Academy program, and has appeared as guest lecturer at universities in Europe, the US, Africa and Asia. Fahira has authored over 50 articles, most recently published in the Penn State Law journal and European Investment Law and Arbitration Review, with others published in university journals and online platforms such as the Kluwer Arbitration Blog. In addition, she has co-edited three books on international commercial and investment arbitration, while contributing chapters to others. She is a member of Association ARBITRI, and founder of the GEM diversity and mentorship program supporting young academics and practitioners in international arbitration.

Jadranka Osrečak: Jadranka has worked at the State Attorney's Office of the Republic of Croatia since 2011. In 2015, she was appointed Deputy Municipal State Attorney in Zagreb. Since 2016, she has been seconded to the State Attorney's Office of the Republic of Croatia, where she manages cases in international commercial and investment arbitration, as well as disputes before foreign courts. Jadranka holds the position of assistant professor. She completed postgraduate studies (Master of Laws) with distinction in international comparative commercial arbitration, international investment arbitration, and international energy arbitration at Queen Mary, University of London. She also completed additional education at Queen Mary on the writing of arbitral awards. She earned her doctorate, magna cum laude, from the doctoral program in commercial and company law at the Faculty of Law, University of Zagreb. Her dissertation focused on third-party funding in international commercial and investment arbitration. She is listed as an arbitrator at the Permanent Court of Arbitration of the Croatian Chamber of Economy.

Moderator:

Frauke Nitschke: Frauke is a Senior Legal Counsel at ICSID and serves as the team leader 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 Background Paper on Investment Mediation. Frauke has developed and conducted investor-State capacity-building workshops and training 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. She is an accredited mediator and admitted to practice law in New York and Washington, D.C., and 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 FernUniversität Hagen.