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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 will examine practical pathways to resolving investment disputes through settlement, drawing on real-life scenarios where parties reached amicable outcomes. Panelists will share perspectives from both investors and governments, exploring when settlements are most likely to be achieved and what structures and processes tend to produce them.
The discussion will also address stakeholder engagement, navigating complex government dynamics, and practical negotiation techniques for counsel and government officials alike.
Speakers:
Ken Hyatt: Ken is Founder and Partner of CMPartners, Founder and Executive Director of the Global Restoration Institute and Senior Advisor at DGA-Albright Stonebridge Group. He serves as an advisor to clients engaged in complex negotiations, conflicts and the management of critical relationships. His work includes facilitating complex disputes on a non-partisan basis, advising one side on negotiating a specific transaction, advising organizations on improving internal conflict management and decision-making processes, and advising organizations on creating, maintaining and/or repairing relationships with critical internal and external parties. He provides trade and investment advice to organizations engaged in international commerce. He also designs and conducts training workshops throughout the world. Ken served in the U.S. Department of Commerce as the Acting Under Secretary and Deputy Under Secretary for International Trade. He oversaw the strategy and operations of the International Trade Administration (ITA). In this role, he worked with various U.S. companies, helping them coordinate with foreign governments on the development and implementation of trade and investment policies. He also co-led the creation of SelectUSA, the U.S. government’s investment attraction agency. Ken has also been an Associate at the Harvard Negotiation Project where he taught seminars for business executives, law and other graduate students.
Poupak Bahamin: Poupak is an international legal executive with more than 30 years of experience practicing law, primarily serving the global mining industry. She has practiced in Canada, France, and the U.S. and her experience spans cross border transactions, governance, and complex dispute resolutions. Between 2022 and 2026, she served as the General Counsel of Barrick Mining Corporation, where she led the global legal function and advised the Company’s Board and management team on legal, regulatory, and risk matters. Prior to her role at Barrick, Poupak was a partner at the international law firm Norton Rose Fulbright, where her practice focused on mining projects on the African continent. Prior to that, she practiced law in Canada. Poupak is a former Chair of the World Association of Mining Lawyers (WOML).
Moderator:
Frauke Nitschke: Frauke is Chief 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 a fellow of the Weinstein JAMS International Fellowship Program. Frauke is 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.