Enabling Early Settlement in Investor–State Arbitration

ICSID OUP Article on Investor-State Mediation (Jan 2014) Von Kumberg, Lack & Leathes

Wolf von Kumberg, Jeremy Lack and Michael Leathes

Abstract—There is a growing recognition, among both companies and States, that conflict resolution through traditional adversarial rights-based methods is not only expensive and drawn out, but destructive for long-term relationships as well as crossborder social and economic progress. While the parties devote their attention to the court or tribunal, seeking to convince adjudicators to rule in their favour, they stop
communicating cooperatively, and the adversarial nature of these rights-based proceedings merely serves to escalate the conflict itself. This realization has prompted a resurgence of interests-based (as opposed to rights-based) dispute resolution methods—notably mediation—in both demand and supply

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