Investor-State Mediation: Reflections On Its Feasibility From A Process Perspective

Abstract

This chapter addresses the question whether mediation can be effective in resolving investor-State disputes by incorporating those challenges into the process. Therefore, broad criticisms for the development of mediation in international investment law will be reframed as specific obstacles for settlement in a particular case. The mediation process, as a flexible, adaptable and creative mechanism is designed precisely to overcome most of the challenges to settlement, assuming that the institution managing the process, the neutral and the case manager have a proactive approach. The chapter analyzes the current system of investor- State dispute settlement, and its importance to international economic development. It discusses mediation and its development, both internationally and in the particular context of international investment law. Finally, the chapter addresses some of the challenges for the use of mediation and provides some ideas of how those challenges can be incorporated in the mediation process itself. Keywords: international investment law; investor-state mediation