Investment Mediation Insights: Webinar Series

ICSID’s Investment Mediation Insights webinar series provides practical insights on the growing field of international investment mediation.

Episode One: The International and Domestic Legal Framework on Investment Mediation—Quo Vadis?

October 13, 2021, 9:15 – 10:00 am (EDT)

Our inaugural webinar takes stock of how States have integrated mediation into the dispute resolution clauses of bilateral investment treaties, free trade agreements, and dispute settlement provisions in model treaties. We will also review the Energy Charter Secretariat’s Model Instrument on Investment Dispute Management, which sets out policy options for a domestic legal framework to support effective investment dispute management, including through negotiation and mediation. image of panelists

Speakers:

  • Anna Holloway, Counsel, ICSID
  • Alejandro Carballo-Leyda, General Counsel, International Energy Charter

Moderator:

  • Frauke Nitschke, Senior Counsel, ICSID

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Episode Two: Investment Mediation and Arbitration—Combination or Separation?

October 27, 2021, 9:15 – 10:00 am (EDT)

Parties have a range of options for resolving international investment disputes. International arbitration has been popular for decades—while interest is growing in the role that mediation also plays in assisting parties in finding a resolution to investment-related grievances. Our second episode in the Investment Mediation Insights series explores 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). image of panelists

Speakers:

  • Joe Tirado: Co-Head of International Arbitration and ADR, Garrigues
  • Anne-Karin Grill: Founder and Principal, AKG Advisory

Moderator:

  • Frauke Nitschke, Senior Counsel, ICSID

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Episode Three: Myth Busting—Clarifying Common Misunderstandings about Investment Mediation

November 27, 2021, 9:15 – 10:00 am (EST)

Recent years have seen growing interest in the use of mediation as a tool to resolve international investment disputes. This has been accompanied by a image of panelistssignificant body of resources, training courses and events dedicated to the topic. But as in every emerging field, misperceptions may arise. This episode of Investment Mediation Insights looks at misunderstandings about investment mediation—and the best ways to set the record straight.

Speakers: 

  • James South: Chief Executive of the Centre for Effective Dispute Resolution 
  • Lawrence Boo: Head, The Arbitration Chambers

Moderator:

  • Frauke Nitschke, Senior Counsel, ICSID

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Episode Four: Investment Mediation—From the Investor’s Perspective

December 8, 2021, 9:15 – 10:00 am (EST)

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 image of panelists installment of Investment Mediation Insights, 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.

Speakers: 

  • Martin Wolfbauer: STRABAG 
  • Wolf von Kumberg: Mediator and Arbitrator

Moderator:

  • Frauke Nitschke, Senior Counsel, ICSID

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Episode Five: Investment Mediation—From the State’s Perspective

January 12, 2022, 9:15 – 10:00 am (EST)

In the previous edition of Investment Mediation Insights, we looked at investment mediation through the eyes of the investor. In this episode, we move to the other side of the table, and discuss investment mediation from the State’s perspective. The webinar will explore aspects of mediation-related policy making, including Costa Rica’s bilateral investment treaty featuring a mandatory mediation provision and the mediation provisions in EU FTAs. The episode will also look at relevant aspects to consider when image of panelists representing a State or State entity in an investment mediation.

Speakers: 

  • Diana Paraguacuto-Mahéo: Partner, Foley Hoag
  • Dyalá Jiménez: Arbitrator; Former Minister of Foreign Trade, Costa Rica
  • André von Walter: Team Leader, Legal Affairs and Dispute Settlement, European Commission

Moderator:

  • Frauke Nitschke, Senior Counsel, ICSID

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Episode Six: A Conversation with Investment Mediators

January 26, 2022, 9:15 – 10:00 am (EST)

This episode of Investment Mediation Insights convenes a panel of seasoned mediators with experience mediating investor-State disputes. Our panelists will share thoughts on the unique characteristics of investment mediation—i.e., how it differs from commercial mediation—as well as tips and guidance for mediating investment disputes effectively. image of panelists

Speakers: 

  • Mercedes Tarrazon: Partner, Dispute Management
  • Martin Hauser: Mediator
  • William Marsh: Mediator

Moderator:

  • Frauke Nitschke, Senior Counsel, ICSID

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