ICSID’s Investment Mediation Insights webinar series provides practical insights on the growing field of international investment mediation.
For an investment mediation to work, both parties—State or State entity and investor—must come to the table willingly, with an open mind, and a readiness to engage. In this installment of Investment Mediation Insight, we consider mediation from the perspective of an investor—as well as that of an investor’s counsel. The subsequent webinar will then discuss mediation from the side of the State, and a State’s legal representation.
To be discussed:
- Why would an investor choose investment mediation? What are the benefits?
- When is mediation is a suitable option for resolving differences?
- How does experience with investment mediation compare to that of arbitration?
- Are there benefits to mediating even where the process does not result in settlement and the dispute proceeds to arbitration?
- At what stage in a dispute should mediation take place with a State party to be successful?
Martin Wolfbauer: Martin is an Austrian and New York qualified lawyer. After several years in major international and domestic law firms, he joined the international construction group STRABAG, based in Vienna, in 2009. In STRABAG’s legal services unit, CML, he is primarily in charge of guarantees and dispute resolution in international construction projects around the globe. In this capacity, Martin advises and represents STRABAG in international dispute resolution proceedings including inter alia investment arbitration and mediation involving infrastructure projects. Martin frequently holds lectures on international law and guarantees at universities in Europe.
Wolf von Kumberg: Wolf was for over 25 years the Assistant General Counsel—International for Northrop Grumman Corporation. The company has an extensive international presence and invested in projects in over 52 countries, often in joint ventures with State entities. In that role, he was responsible for international dispute management and for developing the company’s international dispute resolution program. His position led him to arbitrating and mediating disputes across the globe and in developing a particular expertise in investment dispute settlement. Since retiring from Northrop, as part of the CEDR team working with ICSID and the Energy Charter Secretariat, Wolf has delivered trainings for investor-State mediators, and frequently participates in events on the topic. Wolf is an independent CEDR accredited mediator and FCIArb arbitrator with Arbitra Arbitrators and Mediators, with offices in London and Washington, D.C. and advises companies on implementing effective conflict management programs.
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.