Investor-State Mediation Task Force

Those participating in this task force do so in their personal capacities. The views, opinions and output of the task force do not necessarily reflect the position of the member's employer or other affiliation.

 

Objectives of the IMI Investor-State Mediation Task Force: 

  1. Offer practical guidelines for using the cooling off period to give mediation a viable chance
  2. Determine minimum standards of knowledge, skills and relevant experience for neutrals involved in Investor-State mediation
  3. Assist the parties in finding competent and suitable mediators or co-mediators for Investor-State disputes.
  4. Ensure a Designating Authority is identified if the parties cannot agree on one
  5. Provide model documents, decision trees, and case assessment tools to assist the parties and their counsel in Investor-State disputes to gain fresh insights into their case, and better understand each party's interests, needs and concerns
  6. Keep the Mediation Rules quite distinct from Conciliation Rules
  7. Enable the creative use of hybrids, such as Dispute Resolution Boards
  8. Promote arbitral consent awards as a way to implement mediated settlements

To read the submission of the Investor-State Task Force to the EU, submitted in March 2017, click here


To read the submission of the Investor-State Task Force to the EU, submitted in July 2014, click here

To read the Competency Criteria for Investor-State Mediators, developed by the Task Force and announced in September 2016, following a public consultation, click here

Further Articles, Documents and News

Investor-State Mediator Training - Pilot Program
(
2017)

Update: New Public Consultation On Shaping European Investment Dispute Resolution Policy
GPC Blog (2017)

Invitation to Comment - European Commission Investment Dispute Resolution Policy
(March 2017)

New Competency Criteria for Investor-State Mediators
GPC Blog (2016)

Investor-State Mediation: Not Whether, Or Even When, But How
GPC Blog (2016)

The Difficulties Of Conciliation In Investment Treaty Cases: A Comment On Professor Jack C. Coe’s ‘Toward A Complementary Use Of Conciliation In Investor-State Disputes — A Preliminary Sketch’.
By Barton Legum (2016)

The Energy Charter Treaty and ADR in the context of Investor-State and other Disputes
Wolf von Kumberg and Michael Cover (2016)

The Difficulties Of Conciliation In Investment Treaty Cases: A Comment On Professor Jack C. Coe’s ‘Toward A Complementary Use Of Conciliation In Investor-State Disputes — A Preliminary Sketch’.
By Barton Legum (2016)

Enabling Early Settlement in Investor–State Arbitration: The Time to Introduce Mediation Has Come
By Wolf von Kumberg, Jeremy Lack and Michael Leathes (2014)

IMI Investor State Taskforce - responses to European Commission consultation on Modalities for Investment Protection and Investor-State Dispute Settlement (ISDS) in Transatlantic Trade and Investment Partnership (TTIP).
Submitted July 2014.
 


 

Members of the Task Force

 

Mark Appel - Chair
Formerly Senior Vice President, AAA/ICDR, EU - US

Mark Appel Photo Feb 2016

Mark Appel is an independent, international Arbitrator, Mediator, Consultant and Trainer.

Mr. Appel has 40 years of global arbitration and mediation experience, having served in both executive and senior executive positions at the American Arbitration Association (AAA) and International Centre for Dispute Resolution (ICDR), leaving ICDR/AAA as Senior Vice President, EMEA in December of 2015.

Mr. Appel is thoroughly familiar with arbitration practice and procedure, with experience in training arbitrators on four continents on behalf of various arbitral institutions, government ministries, Courts and NGOs.

While serving as a Regional executive for AAA, Mr. Appel personally administered or was responsible for the administration of thousands of commercial arbitrations.
Mr. Appel has also managed arbitral pre-filing and preliminary hearings, addressing issues including jurisdiction, arbitrator appointment/conflicts, scheduling and information exchange in a wide variety of commercial settings, with individual case claims up to 1 Billion USD.

In cooperation with industry experts, Mr. Appel has drafted multiple sets of arbitration and ADR procedures, including online, “desk” arbitration procedures for manufacturers and suppliers and Dispute Review Board procedures.

An experienced mediator and mediator trainer, Mr. Appel is a founding, now honorary, Director of the International Mediation Institute. 
[more]

 

Conrad Daly - Secretary

 

Conrad C. Daly is Consultant at the World Bank and Counsel at GRC Counsel LLP. His work has been of aConrad Daly photo 2 diverse nature, including justice reform, governance and anti-corruption, cybercrime, the right to education, and facilitating UN agencies engagement in World Bank-financed operations, as well as arbitration and mediation counselling. 

A dual U.S.- and French-educated attorney, Mr. Daly graduated with a J.D. and Master 1 & 2 from a dual-degree program between Cornell Law School and the Ecole de droit de la Sorbonne (Université Paris I Panthéon-Sorbonne). He is also a graduate of Heythrop College, University of London, where he read for a Master in systematic theology, and of Boston College, where he double-majored in biochemistry and in history. 

While in Paris as a Visiting Fellow at the Université Panthéon-Assas (Paris 2), Mr. Daly researched issues in competition law and lectured and researched on U.S. and U.K. constitutional and administrative law. His work experience also includes time with the German gas and engineering company, Linde AG, and at the U.S. Court of International Trade. Prior to making law his chosen profession, he worked at the Southern Medical Journal as its Special Projects Editor. Mr. Daly has published prolifically in many areas.

 

Anna Joubin-Bret - Immediate Past Co-Chair
Anna Joubin-Bret photo.jpg

Based on her considerable experience with high-level public international law, international investment policies and law, international arbitration and alternative dispute resolution of international investment disputes, Anna has developed a practice of: 

  • International arbitration, mediation and conciliation in disputes involving sovereign States and State entities parties in investor-State dispute settlement.
  • Counsel and advice to governments on international investment policies, international investment treaties, contracts and investment law. 
  • Alternative dispute resolution and particularly mediation and conciliation in investor-State disputes.

She currently represents a sovereign State in an ICSID arbitration and has been appointed recently by Tunisia as arbitrator in Lundin B.V. v. Tunisia.

Prior to establishing her own practice, Anna Joubin-Bret was a partner in Foley Hoag’s International Litigation and Arbitration Practice, where she primarily focused on representing and advising sovereign States in investor-State dispute settlement. 

Anna was a Senior Legal Adviser at the Division on Investment and Enterprise for the United Nations Conference on Trade and Development (UNCTAD), Geneva until 2011. In this capacity, she managed the advisory work on international investment law issues as well as the technical assistance program on international investment agreements (IIAs). During her tenure at UNCTAD, Anna assisted countries and governments in the formulation of policies and frameworks and the management of investor-State disputes. In addition, she has advised the governments of Belarus, Bolivia, Botswana, Colombia, the Dominican Republic, Guatemala, Egypt, Ghana, the Lao PDR, Morocco, Thailand, Peru, Namibia, South Africa, Syria, Thailand and Turkey on investment treaties, investment laws and investment arbitration and prevention.

 

Barton Legum - Immediate Past Co-Chair


Barton Legum photo high res.jpgBart Legum is a partner in Dentons’ Paris office and Head of the firm's Investment Treaty Arbitration Practice. Bart has over 25 years' experience in litigating complex cases and has argued before numerous international arbitration tribunals, the International Court of Justice and a range of trial and appeals courts in the United States. His practice focuses on international arbitration and litigation in general and arbitration under investment treaties in particular.

From 2000 to 2004, Bart served as Chief of the NAFTA Arbitration Division in the Office of the Legal Adviser, United States Department of State. In that capacity, he acted as lead counsel for the United States Government defending over $2 billion in claims submitted to arbitration under the investment chapter of the North American Free Trade Agreement (NAFTA). The United States won every case decided under his tenure.

Bart is the Immediate Past Chair of the Section of International Law of the American Bar Association, an international bar organisation with over 24,000 members from over 90 countries around the world. In 2012-2013, he served as Chair of the Section and chaired its Executive Committee, Council and Administration Committee. He served as Chair-Elect from 2011-2012, Vice-Chair from 2010-2011, Finance Officer from 2008-2010, Programs Officer from 2006-2008, Chair of the Section’s Disputes Division from 2004-2006 and as Co-Chair of the Section’s International Litigation Committee from 1999 to 2003. He served as an officer of the Mediation Committee of the International Bar Association from 2009-2012 and co- chaired the subcommittee that drafted the IBA Investor-State Mediation Rules.

Publication:

 

 

Members:

Suzana. M. Blades, Counsel International Arbitrations, Conocophillips, (Houston, Texas, USA)

Colin Brown, Legal Officer, Directorate General for  Trade, European Commission (Brussels, BE)

Jack J. Coe Jr., Professor of Law, Pepperdine University, Malibu, FL, USA

Silvia Constain, Fellow, Weatherhead School of International Relations, Harvard University (Cambridge, MA, USA)

Roberto Echandi, Lead Private Sector Specialist, Trade and Competitiveness Global Practise, IFC World Bank Group (Washington, DC, USA)

Susan D. Franck, Professor of Law, American University, Washington School of Law (Washington DC, USA)

Jason Fry, Partner and global Co-Head of the International Arbitration Group, Clifford Chance (Paris, FR)

Olfa Hamdi, Founder, Advanced Work Packaging Institute (San Francisco, CA, USA).

Fatma Khalifa, Counsellor, Foreign Disputes Department, Egyptian State Lawsuit Authority (Cairo, EG)

Meg Kinnear, Secretary General, ICSID World Bank Group (Washington DC, USA)

Jeremy Lack, Attorney-at-Law & ADR Neutral - (Geneva, CH)

Annette Magnusson, Secretary General, Arbitration Institute the Stockholm Chamber of Commerce (Stockholm, SE)

Vilawan Mangklatanakul, Director, Treaty Section, Ministry of Foreign Affairs of Thailand (Bangkok, TH)

Michael McIlwrath, Global Chief Litigation Counsel, Oil and Gas division, General Electric (Florence, IT)

Karen Mills, KarimSyah Law Firm (Jakarta, ID)

Frauke Nitschke, Senior Counsel, ICSID World Bank Group (Washington DC, USA)

Eloise Obadia, Partner, Derains & Gharavi International (Washington, DC, USA)

Michael Ostrove, Partner & Global Chair of the International Arbitration Group, DLA Piper (Paris, FR)

Mohamed Abdel Raouf, Director, Cairo Regional Arbitration Centre for International Commercial Arbitration – (Cairo, EG)

Eduardo Silva Romero, Partner & Co-Chair of International Arbitration global practise, Dechert (Paris, FR)

Jeremy Sharpe, Former Chief of Investment Arbitration, Office of the Legal Adviser, U.S. Department of State (Washington, DC, USA)

Margrete Stevens, Consultant, International Arbitration Practise Group, King and Spalding (Washington, DC, USA)

Hannah Tümpel, Former Senior Counsel and Manager ICC International Centre for ADR (Paris, France); Director of Communications and Engagement, UWC International (London, UK)

André von Walter, Legal Officer, Directorate General for Trade, European Commission (Brussels, BE)

Nancy Welsh, Professor of Law, The Pennsylvania State University, Dickinson School of Law (Carlisle, PA, USA)

 

 

 

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