2017 | Agosto 3
Recent trends indicate a growing interest in investor-state mediation. Previously, the intermittent dialogue in investor-state mediation was speculative and often sceptical. The perception has been that compulsory mechanisms would be necessary for any dispute resolution process involving states to be effective. However, governments, investors and institutions now seem to be considering meditation as a viable tool for resolving investor-state disputes.
However, mediation is unlikely to replace wholly arbitration or other compulsory procedures. They are better seen as complementary tools, rather than either-or choices. In the ‘cooling-off’ process, even if settlement is not achieved, it may narrow issues or open lines of communication for later negotiation. However, timing will affect the effectiveness of mediation – and early intervention is not always successful. Therefore, parties could benefit from considering voluntary mediation at other stages.