Held on July 7, 2026: 9:00–10:35 a.m. (Washington, DC) | 2:00–3:35 p.m. (Lagos) | 3:00–4:35 p.m. (Paris) | 4:00–5:35 p.m. (Nairobi)

Speakers:
Mr. Oladimeji Ojo, Legal Counsel, International Centre for Settlement of Investment Disputes (ICSID) 
Professor Yas Banifatemi, Founding Partner, Gaillard Banifatemi Shelbaya Disputes
Mrs. Adedoyin Rhodes-Vivour SAN, C.Arb, FCIoD, Managing Partner, Doyin Rhodes-Vivour & Co.

Moderator:
Mr. Amazing Ikpala (Senior Associate and Team Lead, Olaniwun Ajayi, Abuja, Nigeria; Young ICSID Member).

Opening Remarks:
Mr. Isaac Ibikunle (Senior Associate and Team Lead, Olaniwun Ajayi, Lagos, Nigeria; Young ICSID Sub-Saharan Africa Regional Delegate).
    
Closing Remarks:
Dr. Paul Kimani (Partner, Paul Andrew Advocates, Nairobi, Kenya; Young ICSID Sub-Saharan Africa Regional Delegate).

Rapporteur:
Mrs. Jane Gichuru (Associate Advocate, Paul Andrew Advocates, Nairobi, Kenya).

The webinar opened with remarks by Mr. Isaac Ibikunle, who welcomed participants and introduced the distinguished speakers, outlining the session's objective of examining both the legal framework and practical application of ICSID mediation in investor–State dispute resolution. He also highlighted the role of Young ICSID in supporting the professional development of emerging practitioners through knowledge sharing, networking, and mentorship. The webinar was divided into two main parts. First, a 15-minute presentation by Mr. Oladimeji Ojo on the foundational aspects of ICSID mediation. This was followed by a 40-minute moderated Q&A session, led by Mr. Amazing Ikpala, featuring Prof. Yas Banifatemi and Ms. Adedoyin Rhodes-Vivour SAN. Thereafter, participants engaged in a brief audience Q&A, during which the panel addressed questions and comments from attendees.

Mr. Ojo, explained that ICSID, established in 1966 as part of the World Bank Group, promotes stable investment environments by providing mechanisms for the effective resolution of investor–State disputes. He outlined the ICSID Mediation Rules, which entered into force in July 2022 and were designed to broaden access to mediation. The Rules permit investment-related mediations involving States, State entities, and regional economic integration organizations without imposing nationality requirements or limiting access to ICSID Convention members. He also noted that, under ICSID’s Mediation Rules, a mediation request may be initiated even in the absence of a prior mediation agreement, provided the other party subsequently consents.

Mr. Ojo emphasized that, in choosing a dispute resolution pathway/mechanism, parties and their counsel must assess the entirety of their circumstances, and needs, not just the legal merits of the dispute. For example, he pointed out that mediation is most effective where parties are prepared to negotiate in good faith and seek commercially practical solutions rather than binding legal determinations. Its flexibility allows parties to engage in mediation before a dispute crystallizes, alongside arbitration proceedings, or even after an arbitral award has been rendered. Mediation also enables parties to retain control over the outcome, and design tailored solutions to their dispute, while being able to express and address the broader commercial, policy, political, financial, environmental, and governance considerations that often underpin investment disputes.

Expanding on these practical considerations, Professor Banifatemi stressed that the success of mediation ultimately depends on the parties' genuine willingness to negotiate. Drawing on her experience in investment arbitration, mediation, and conciliation, she observed that mandatory mediation provisions have sometimes reduced the process to a procedural step preceding arbitration, rather than a sincere attempt at settlement. She noted, however, a growing appreciation among African parties for mediation as a practical means of resolving disputes while preserving long-term investment relationships.

Professor Banifatemi further explored the distinctive considerations facing States in mediation, observing that disputes involving public funds, regulatory authorities and natural resources require governments to balance legal strength, negotiation strategy, transparency, and accountability. While confidentiality remains an important feature of mediation, she noted that settlements involving States often attract public scrutiny. She also distinguished the role of mediators from that of arbitrators, emphasizing that effective mediators combine legal knowledge with commercial awareness, cultural sensitivity, and the ability to facilitate practical compromise.

Addressing the role of legal practitioners, Mrs. Rhodes-Vivour, SAN, emphasized that lawyers are central to the success of mediation. She encouraged counsel to move beyond adversarial advocacy by objectively assessing risks, considering clients' broader commercial interests, and facilitating constructive negotiations where settlement offers the most beneficial outcome. In this regard she noted that counsel should move towards becoming “dealmakers.” 

She also observed that mediation reflects Africa's longstanding traditions of dialogue, reconciliation, and consensus-building, making it a dispute resolution mechanism that resonates with both the Continent's legal developments and cultural heritage.

The discussion also highlighted the importance of enforcing mediated settlements, with the speakers pointing to the Singapore Convention on Mediation as an important mechanism for strengthening confidence in international mediation and encouraging wider adoption across Africa.

Bringing the webinar to a close, Dr. Kimani thanked the speakers, moderator, rapporteur, ICSID, Young ICSID, the organizing teams, and participants for their contributions. Reflecting on the day's discussions, he reiterated that ICSID mediation is a valuable complement to arbitration and emphasized that effective dispute resolution requires sound judgment, constructive dialogue, informed decision-making, and a willingness to pursue practical solutions. Echoing the panel's central message, he encouraged young practitioners to view themselves not only as advocates but also as trusted advisers and transaction facilitators capable of preserving investment relationships and preventing disputes. He concluded by expressing ICSID's commitment to advancing mediation through continued dialogue and professional engagement, reminding participants that the future of investor–State dispute resolution will be shaped not only by arbitral awards but also by disputes successfully resolved through negotiation.

Overall, the webinar presented ICSID mediation as a flexible and increasingly significant mechanism for resolving investor–State disputes. The speakers collectively demonstrated that, when supported by genuine party engagement, skilled legal advisers, experienced mediators, and strong institutional frameworks, such as is offered by ICSID’s Mediation Rules, mediation offers an opportunity to preserve investment relationships, reduce the costs and duration of disputes and promote sustainable investment across Sub-Saharan Africa.
 

Report prepared by:
Jane Gichuru
Rapporteur; Associate Advocate, Paul Andrew Advocates
Nairobi, Kenya
Jane@paulandrewadvocates.com