Once the UNCITRAL Mediation Convention comes into force, parties to investor-state agreements will have the opportunity to have any disputes arising from such transactions resolved in an international mediation and be confident that the agreement will be recognised in countries that have ratified the convention.
This means that parties to investor-state disputes will have another even more effective method by which to resolve their disputes. For instance, notwithstanding earlier scepticism of using mediation to settle foreign investment disputes by critics, with the advent of the international mediation convention, foreign investment disputes are one category of disputes which will benefit from this regime of dispute resolution. With access to such a mechanism, countries, especially cash-strapped developing countries, can include mediation clauses into their international investment agreements and have such disputes resolved in a more cost-effective manner than is currently the norm.
At Phoenix, our expertise in foreign investment law and mediation enables us to provide a comprehensive investor-state mediation course that will allow you to take advantage of the current shift in international Dispute Resolution.