Mediation/Conciliation of Inter- & Investor-State Disputes
About This Course
At the end of the course, participants would be able to:
1. Understand the basic methods of voluntary non-binding resolution of State-State and investor-State disputes � good offices, fact-finding/inquiry, conciliation and mediation� and their comparative strengths and weaknesses, when used separately or together or with negotiation and/or arbitration;
2. Be familiar with the main institutional and treaty rules and regimes for ADR involving States, for example, ICSID, ASEAN, UNCLOS, and the 2012 IBA Rules for Investor- State Mediation;
3. Know the leading precedents of successful and unsuccessful voluntary non-binding resolution of State-State and investor-State disputes, including in Asia;
4. Be able to identify and critically analyse the special obstacles to successful ADR at the State level, as well as countervailing incentives;
5. Have developed introductory debating and mediation/conciliation skills, through regular simulation exercises;
6. Have advanced their analytical and written advocacy skills; and
7. Be better able to advise their future private and State clients about whether and when to attempt to resolve disputes through mediation or conciliation.
What You'll Learn
Recent years have witnessed more state-to-state and investor-state disputes, with a substantial increase in resources spent on binding arbitration. Mediation and conciliation are rarely attempted and more rarely successful. This course introduces the student to methods of mediation and conciliation on the international law plane, and surveys existing institutional regimes (ie, ICSID, PCA, SIAC). The focus will then turn to identification and critical analysis of the special legal and policy obstacles to voluntary dispute settlement by states (including SOEs), as well as countervailing incentives. The scope is international, with some readings devoted to Asia. Students will study and critique precedents, and conduct basic mediation/conciliation exercises.
Entry Requirements
A good Bachelor's or Juris Doctor degree in Law