The International Mediation Institute (IMI) has published "Competency Criteria for Investor-State Mediators", designed to assist with the selection of suitable mediators for disputes involving private sector entities and States.
The Criteria have been prepared in response to that fact that, while a pool of Investor-State arbitrators has developed over the recent years, and while, in parallel,
mediation of international disputes has gained momentum, there is as yet no readily available pool of accredited or identifiable Investor-State mediators from which parties can choose their mediator or co-mediators. In particular, it is based on an acknowledgment that (i) the skillset required of mediators differs substantially from that of arbitrators and of other neutrals such as conciliators and adjudicators; and (ii) not all competent mediators may be suitable for mediating investment disputes, given the particular legal, political and procedural issues commonly arising in such disputes (such as questions of who has authority to represent the State, public interest defences, transparency concerns and sovereign immunity claims).
To discuss the use of mediation in investment disputes, contact Alexander Oddy (Head of ADR) or a member of our leading investment treaty arbitration and investment protection practice.