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

Major Task Force Products

Task Force submission to the EU (March 2017)

Task Force submission to the EU, (July 2014)

Investor-State Mediator Competency Criteria (September 2016)

Further Articles, Documents and News


 

Members of the Task Force

 

Mark Appel - Chair
International Arbitrator & Mediator, ArbDB Chambers (London, UK)
appelm@appeldisputeresolution.com

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 C. Daly - SecretaryLegal Consultant, World Bank (Washington, DC, USA) ccd45@cornell.edu

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. 

 

Members:

  1. Mohamed ABDEL RAOUF (mohamed@abdelraouf.com), Partner, Abdel Raouf Law Firm (Cairo, Egypt)
  2. James CLAXTON (jclaxton@gmail.com), Professor, Kobe University (Kobe, Japan)
  3. Michael COVER (mc@michaelcover.com), Member, ArbDB Chambers (London, UK)
  4. Mustaqeem De GAMA (degama@sawtomission.com), Counsellor, South African Mission to the WTO (Geneva, Switzerland)
  5. Roberto ECHANDI (REchandi@ifc.org), Lead Private Sector Specialist, IFC, World Bank Group (Washington, DC, USA)
  6. Mariam GOTSIRIDZE (mgotsiridze@justice.gov.ge), Head of Arbitration Department, Ministry of Justice (Tbilisi, Georgia)
  7. Mariana H.C. GONSTEAD (mhcgonstead@stthomas.edu), Professor, University of St. Thomas (Minneapolis, MN, USA)
  8. Elise GROULX DIGGS, Lawyer, Doughty Street Chambers (Washington, DC, USA) <elisegroulx@gmail.com>
  9. Olfa HAMDI (ohamdi@workpackaging.org), Advanced Work Packaging Institute (San Francisco, CA, USA)
  10. Wolf von KUMBERG, Managing Director, Global Resolution Services, Ltd. (London, UK) <wolfvonkumberg@gmail.com>
  11. Bart LEGUM (legum@dentons.com), Partner, Head of Investment Treaty Arbitration Practice, Dentons (Paris, France)
  12. László MOLNÁR (lamolnar625@gmail.com), Partner, Technopolis Innovation Center (Budaörs, Hungary)
  13. Vilawan MANGKLATANAKUL (vilawanm@mfa.go.th), Director, Ministry of Foreign Affairs (Bangkok,Thailand)
  14. Karen MILLS (kmills@cbn.net.id), Founder & Arbitrator, Karim Syah Law Firm (Jakarta, Indonesia)
  15. Frauke NITSCHKE (fnitschke@worldbank.org), Sr. Counsel/Team Leader, ICSID, World Bank Group (Washington, DC, USA)
  16. Eloise OBADIA (eobadia@derainsgharavi.com), Partner, Derains & Gharavi (Washington, DC, USA)
  17. Naa Lamle ORLEANS-LINDSAY (norleanslindsay@gipcghana.com), Principal Legal Officer, Ghana Investment Promotion Centre (GIPC) (Accra, Ghana)
  18. Jeremy K. SHARPE (sharpe@shearman.com), Partner, Shearman & Sterling, LLP (London, UK)
  19. Marie TALASOVA (talasova@mfcr.cz), ‎Head of International Legal Services Department, Ministry of Finance (Prague, Czech Republic)
  20. Hannah TÜMPEL (tumpel@gmail.com), Director of Communications and Engagement, United World Colleges (London, UK)
  21. Sarah VASANI (vasani@addleshawgoddard.com), Head of Investment Arbitration, Addleshaw Goddard (London, UK)
  22. Nancy WELSH (nxw10@psu.edu), Professor of Law and William Trickett Faculty Scholar, Pennsylvania State University, Dickinson School of Law (Carlisle, PA, USA)

 

 

 

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