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Published online by Cambridge University Press: 14 May 2021
Assistant Professor, Carleton University, Department of Law and Legal Studies [[email protected]].
1 E.g., F. Nitschke, ‘A Preview of ICSID’s New Investor-State Mediation Rules’, Kluwer Mediation Blog, 10 January 2020, available at mediationblog.kluwerarbitration.com/2020/01/10/a-preview-of-icsids-new-investor-state-mediation-rules/.
2 C. Titi, ‘Mediation and the Settlement of International Investment Disputes, Between Utopia and Realism’, in C. Titi and K. Fach Gómez (eds.), Mediation in International Commercial and Investment Disputes (2019), 21, at 24–6.
3 Ibid., at 24.
4 Ibid.
5 Admittedly, the term ‘culture’, its scope and relevance remain a subject-matter of scholarly debate. E.g., W. L. Kidane, The Culture of International Arbitration (2017), 9–16.
6 C. H. Brower, ‘Selection of Mediators’, in Titi and Gómez, supra note 2, 301, at 310.
7 Ibid.
8 J. J. Coe, ‘Concurrent Co-Mediation: Toward a More Collaborative Centre of Gravity in Investor-State Dispute Resolution’, in ibid., 61, at 78.
9 J. Tirado and E. Vicente Maravall, ‘Codes of Conduct for Commercial and Investment Mediators: Striving for Consistency and a Common Global Approach’, in ibid., 342, at 346.
10 D. McFadden, ‘The Growing Importance of Regional Mediation Centres in Asia’, in ibid., 160, at 160.
11 K. Fach Gómez, ‘The Role of Mediation in International Commercial Disputes: Reflections on some Technological, Ethical and Educational Challenges’, in ibid., 3, at 10.
12 C. Brown and P. Winch, ‘The Confidentiality and Transparency Debate in Commercial and Investment Mediation’, in ibid., 321, at 321.
13 Ibid., at 324.
14 Ibid., at 330.
15 K. Vandekerckhove, ‘Mediation of Cross-Border Commercial Disputes in the European Union’, in ibid., 182 at 184.
16 S. I. Strong, ‘Applying the Lessons of International Commercial Arbitration to International Commercial Mediation: A Dispute System Design Analysis’, in ibid., 39, at 54–5.
17 F. Nitschke, ‘The ICSID Conciliation Rules in Practice’, in ibid., 121, at 141.
18 Ibid.
19 H. Abramson, ‘New Singapore Convention on Cross-Border Mediated Settlements: Key Choices’, in ibid., 360, at 377.
20 E. P. Tuchmann et al., ‘The International Centre for Dispute Resolution’s Mediation Practice and Experience’, in ibid., 101, at 114.
21 Brower, supra note 6, at 320; Tuchmann et al., ibid., at 102.
22 Coe, supra note 8, at 70.
23 H. Wollgast and I. de Castro, ‘WIPO Mediation: Resolving International Intellectual Property and Technology Disputes Outside the Courts’, in ibid., 259, at 261.
24 A. Leoveanu and A. Erac, ‘ICC Mediation: Paving the Way Forward’, in ibid., 81, at 98.
25 UN Commission on International Trade Law, Possible Reform of Investor-State Dispute Settlement (ISDS) - Dispute Prevention and Mitigation - Means of Alternative Dispute Resolution, A/CN.9/WG.III/WP.190 (2020), para. 29.
26 Fach Gómez, supra note 11, at 10.