Investment Mediation Insights: Investment Mediation and Arbitration—Combination or Separation?
ICSID’s Investment Mediation Insights webinar series provides practical insights on the growing field of international investment mediation.
Parties have a range of options for resolving international investment disputes. International arbitration has been popular for decades—while interest and practice is growing in mediation as a means to assist parties in finding a resolution to investment-related grievances. Our second episode in the Investment Mediation Insights series explored the degree to which mediation and arbitration could be viewed as separate tracks—with parties electing one over the other—as well as their potential to be combined (either in tandem or sequentially).
In what ways may arbitration and mediation be combined (i.e., in parallel or sequentially or other forms)? - What are the potential benefits—and challenges—in applying both mediation and arbitration procedures to an investment dispute? - What factors would lead counsel to recommend one mechanism over another—or suggest a role for both arbitration and mediation?
Joe Tirado: Joe is based in London and is Co-Head of International Arbitration and ADR at leading Spanish and Latin American firm, Garrigues. He is a solicitor-advocate with over 30 years of dispute resolution experience. He has handled hundreds of cases across a broad range of industry sectors as counsel, arbitrator, mediator, conciliator and expert determiner in over 60 jurisdictions. Joe has been involved in close to 50 mediations, including those involving investor-State and investment disputes. Joe was one of the first CEDR Accredited Investor-State Mediators and is a former Co-Chair of the IBA Mediation Committee.
Anne-Karin Grill: Anne-Karin specializes in international dispute prevention and resolution. She has a proven track-record as counsel in both commercial and investment arbitration settings. She also disposes of first-hand experience in hybrid ADR process design. As an IMI certified mediation advocate, Anne-Karin accompanies clients in negotiation and solution-generating processes, managing party dynamics and assisting in the formulation of legally sustainable solutions. As a CEDR accredited mediator, she acts as neutral in multi-jurisdictional commercial disputes and is also active in investor-state mediation. Her arbitrator work focuses on multi-jurisdictional commercial disputes. Anne-Karin is a member of the ICSID Panel of Conciliators, a member of the International Court of Arbitration of the International Chamber of Commerce (ICC), the Board of the Austrian Arbitration Association (Arb|Aut), and the Mediation Advisory Board of the Vienna International Arbitral Centre (VIAC).
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.