New IBA Rules for Investor-State Mediation
11 October 2012


After successful work initiated by the State Mediation Subcommittee of the International Bar Association (IBA), the IBA recently adopted new Rules for Investor State Mediation (the Rules).

As part of the IBA Mediation Committee, the State Mediation Subcommittee examines the use of mediation in investor-state disputes. The Subcommittee identifies and assesses obstacles in the use of investor-state mediation and also explores the benefits of a wider use of mediation in the investor-state dispute system, proposing measures to increase the use of mediation in investor-state disputes.

One of these measures is this new set of Rules, which were formally adopted on 4 October 2012. Divided in 12 articles, the Rules facilitate the resolution of disputes involving States and States entities. The Rules establish clear rules for the commencement of mediation and for the appointment of a mediator in absence of party agreement. The Rules also include an innovative rule on ”Mediation Management Conference”, to effectively get the mediation started.

SCC Deputy Secretary General Linn Bergmann participated in the drafting process as co-chair of the committee for ”Settlement Agreement” and ”Termination of the Mediation Proceedings”.
 
arrow_small IBA Rules for Investor-State Mediation

arrow_small Presentation on the new Rules by Anna Joubin-Bret, co-chair of the State Mediation Subcommittee 
 
arrow_small See related topic: SCC and Sweden in Investment treaties
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