The Investor-State Mediation Task Force of the IMI Independent Standards Commission (ISC), has developed a comprehensive set of IMI Competency Criteria for Investor-State Mediators.
The aim of the criteria is to assist parties, institutions, designating authorities and other appointing bodies in selecting competent and suitable mediators/co-mediators, for disagreements (or concerns) between private sector entities and States, by creating or developing criteria that can help inform and guide their choices.
Mediation presents a credible and compelling option for both investors and States seeking to settle disagreements and disputes arising from (or to engage in constructive dialogue processes regarding) investment activities. It also presents an important space and means for introducing non-juridic talent into the dispute resolution process. This has been increasingly recognised by international institutions such as the ECT Secretariat, which has worked with IMI to implement a Mediation Guide to the disputes provisions of the Treaty. While a pool of Investor-State arbitrators has developed over the recent years, and while, in parallel, mediation of international disputes has gained momentum, there is as yet no readily available pool of accredited or identifiable Investor-State mediators from which parties can choose their mediator or co-mediators.
This launch follows consultation and a series of deliberations over the past years. The Task Force consisting of thought leaders in the Investor-State dispute settlement field representing stakeholders includes experienced In-House Counsel, Academics, government officers and professional practitioners and advisers. They had direct and supportive input into the development of the criteria.
The Criteria will be piloted by relevant organisations and practitioners involved in investor-state dispute resolution and reviewed in 2017. The Task Force will be working with the pilot programmes, investors and States to promote the use of Mediation in Investor-State disputes and negotiations with the help of the newly developed Criteria.
The Criteria can be viewed at: https://imimediation.org/investor-state-mediation-criteria