Mediator Selection and Appointment - ICSID Mediation (2022)
Number of Mediators
Parties may agree on one mediator or two co-mediators. Each mediator is appointed jointly by the parties (Mediation Rule 13(1)). Should the parties not be able to agree on whether to appoint one or two co-mediators within 30 days from the date of registration, the rules stipulate that there will be one mediator who is appointed by party agreement (Mediation Rule 13(2)).
If the parties had originally agreed on two co-mediators and one mediator resigns in the course of the mediation, the parties may agree to continue the mediation with the remaining mediator as the sole mediator. (Mediation Rule 16).
The mediator must be impartial and independent of the parties (Mediation Rule 12). There is no nationality requirement for mediators in the Mediation Rules.
In addition to the requirements established by the Mediation Rules, there are practical considerations that parties may wish to consider when selecting a mediator. These include:
- experience serving as a mediator
- mediation training, including any accreditation as a mediator by an internationally recognized organization
- experience in international dispute resolution involving States, including different forms of negotiation, mediation or conciliation
- experience working in or with governments or public entities
- understanding of the context and framework of investor-State disputes, including economic, legal, social and cultural considerations
Appointing a Mediator
The parties should provide ICSID with the full name, nationality and contact information (i.e., mailing address, telephone and fax numbers, email) for the mediator (Mediation Rule 14(1)). ICSID also requests the curriculum vitae of the appointee. Upon receipt of this information, ICSID seeks the appointee’s acceptance of the nomination (Mediation Rule 14(1)). The Secretary-General then notifies the parties of the appointee’s acceptance or refusal (Mediation Rule 14(4)).
Upon acceptance of the appointment, the mediator must provide a disclosure declaration (Mediation Rule 14(3)(b)), addressing matters related to the mediator’s independence, impartiality, availability, and commitment to maintain the confidentiality of the mediation.
Assistance of the Secretary-General with Appointment
ICSID has a broad network of mediators and is available to assist the parties with the identification of experienced mediators at any time (Mediation Rule 13(3)). The parties may jointly request the assistance of the Secretary-General with an appointment at any time (Mediation Rule 13(3)).
Default Mechanism for Appointing a Mediator
If the parties are unable to appoint the mediator(s) within 60 days after the registration of the Request for mediation, either party may ask that the Secretary-General appoint the mediator not yet appointed (Mediation Rule 13(4)). Alternatively, the parties may agree to a different period or procedure.