Edited by Catharine Titi and Katia Fach Gómez
Oxford University Press 2019
Until now, the resolution of international commercial and investment disputes has been dominated almost exclusively by international arbitration. But that is changing. Whilst they may be complementary mechanisms, international mediation and conciliation are now coming to the fore.
Mediation rules that were in disuse gather momentum, and dispute settlement centres are introducing new mediation rules. The European Union is encouraging international mediation in both the commercial and investment spheres. The 2019 Singapore Mediation Convention of the United Nations Commission on International Trade Law (UNCITRAL) is aiming to ensure enforcement of international commercial settlement agreements resulting from mediation. The first investor-State disputes are mediated under the International Bar Association (IBA) rules. The International Centre for Settlement of Investment Disputes (ICSID)’s conciliation mechanism is resorted to more often than in the past. The International Chamber of Commerce (ICC) has recently administered its first mediation case based on a bilateral investment treaty, and a new training market on mediation is flourishing.
Mediation in Commercial and Investment Disputes brings together a line-up of outstanding, highly-qualified experts from academia, mediation and arbitration institutions, and international legal practice, to address this highly topical, complex subject from a variety of angles.
“the volume masterfully situates the reader within the existing discourse in the field of mediation. It is useful for academics and practitioners alike who look for a study to delve deeper into the nature of mediation.” — Ksenia Polonskaya, Assistant Professor, Department of Law and Legal Studies, Carleton University, Leiden Journal of International Law
“I am very pleased to recommend this book to anyone who has an interest in the practice of international mediation. The book is a must-read for those practitioners who need to provide advice to clients in the use of ADR, and particularly on the benefits of mediation for cross-border disputes. From an academic standpoint, it could become a textbook for researchers and students in ADR.” — Dr. Margie-Lys Jaime, Professor of Law at the University of Panama, Arbitration: The International Journal of Arbitration, Mediation & Dispute Management
“Thirty outstanding international experts from academia, mediation and arbitration institutions, and international legal practice, address this complex subject from various angles in 20 excellent and inspirational contributions.” — Martin Hauser, Commercial Mediator, Rechtsanwalt, ICC Dispute Resolution Bulletin
“… a brilliant collection of essays by outstanding, highly qualified experts from academia, mediation arbitration institutions, and international legal practice, who address this subject, in all its complexity, from a variety of angles.” — Gracious Timothy Dunna, Arbitration and Mediation Counsel (Advocate, India), ICSID Review – Foreign Investment Law Journal