HOW IMI GROWS WITH YOUR SUPPORT

GLOBAL POUND CONFERENCE

The Global Pound Conference (GPC) chaired by Board member Michael McIlwrath, is gaining recognition and support globally. The goal of the GPC is to understand what users of dispute resolution need and what the future practice will look like. The events will mark a global conversation about shared issues that will be supplemented by questions of local interest. Expressions of interest to host a GPC event have been received from over 30 locations globally. Look for more information soon as the calendar is finalized.

INTERNATIONAL RECOGNITION OF IMI CERTIFICATION

In 2014, the Singapore International Mediation Institute (SIMI) and the Singapore International Mediation Center (SIMC) were launched, with the support of IMI. SIMI was formed to set professional national mediation standards in Singapore and SIMC was established to provide top quality international mediation services. SIMC is the first institution to require mediators on their panel to be certified by both IMI and SIMI.

On May 27, 2015, the Florence International Mediation Chamber (FIMC) waslaunched, together with the signing of two Memoranda Of Understanding: one between the FIMC and the International Center for Dispute Resolution/American Arbitration Association and another with the SIMC. Under the agreements, IMI certified mediators are qualified for the FIMC and SIMC panels.

The establishment of these two centers marks a growing recognition of IMI Certification internationally, and is one reason why mediators should consider becoming IMI Certified, if they have not already done so. We look forward to many more similar collaborations in the near future.

ENERGY CHARTER TREATY

In 2014, IMI was approached by the Secretariat of the Energy Charter Treaty (ECT) to discuss with them the inclusion of mediation in the disputes process and in particular, the IBA mediation rules for state investor disputes. A presentation was given to the ECT membership regarding mediation at its Autumn meeting. The membership then asked the Secretariat to prepare a report outlining the benefits of ADR and how ADR, including mediation, could be introduced into the ECT.

The ECT is made up of several European and Asian oil and gas producing States. The ultimate dispute mechanism in the Treaty is arbitration, but there is also provision for conciliation. Conciliation is not defined and there is no process outlined for it. The Treaty also provides for a 3 months cooling off period before arbitration can be commenced. This is meant for the parties to contemplate settlement but no process for this is outlined.

IMI Board members, Wolf Von Kumberg, Mike McIlwrath, and Malik Dahlan worked with the ECT Secretariat to put together a report addressing ADR that was presented to a steering committee of the ECT on the 11th of June 2015. The report was adopted by the Steering Committee and in particular, the Secretariat was asked to work on a proposal to be presented to the ECT Membership in November, adopting mediation as a process to be used in the dispute resolution mechanism. IMI is now part of a working group developing the proposal. Other members of the working group include: the World Bank, ICSID, SCC and ICC.

This is but one more example of how IMI works to spread and integrate the use of ADR into critical economic and social structures.

BRINGING MEDIATION TO INVESTMENT TREATY DISPUTES

On June 18, 2015, a press release was released announcing the "European Commission's action against the maintenance of intra-EU Bilateral Investment Treaties between EU Member States”. You can also see it at http://europa.eu/rapid/press-release_IP-15-5198_en.htm

For the first time in an official communication, the European Commission raises the idea of mediation of investment disputes. This action comes hot on the heels of a meeting between IMI and a senior EC staff member in Florence.

MOVING FORWARD

All of these events demonstrate the influence of IMI to impact policy making through our advocacy efforts. These are but a few of the most recent accomplishments of IMI and directions in which we see foresee future growth. We look forward to continuing our efforts.

I commit to continue to report to you about how IMI influences the ADR practice globally. Look for future communications from me. We need your support and hope you will join us in being part of IMI’s vision and plans. If you have any ideas on what IMI should be doing, please feel free to drop me a line directly at Deborah.masucci@imimediation.org. We welcome your personal and financial support and urge you to consider a financial donation to IMI.

With best wishes and warm regards,

Deborah Masucci
Chair
International Mediation Institute

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