In-Person Event
2025 Dubai Arbitration Week
Investor State Mediation - Has Its Time Come?
Thursday 13 November 2025
Al Tamimi Law Firm, Dubai
10:00am (UAE Standard Time)
Register to Attend
This session, introduced by David Holloway, will set the scene for a discussion on the evolving role of mediation in investor–State disputes. The panel will explore systemic concerns around arbitration, the growing appetite for mediation, and the unique advantages and challenges of applying mediation principles within the complex ISDS context.
Discussion Points
Mediation Essentials
The panel will explore how mediation works as a non-binding, confidential negotiation process facilitated by a neutral third party, allowing parties to consider wider interests beyond just legal positions. They will discuss why careful process design is particularly crucial when States are involved, ensuring proper authority structures and stakeholder involvement are in place.
Advantages of Mediation for Investor-State Disputes
Hear from our experts about how IS mediation offers creative solutions beyond what tribunals can provide. They will cover how mediation uniquely accommodates multiple stakeholders and allows parties to control outcomes rather than having decisions imposed by arbitrators.
Challenges: Authority and Confidentiality
The critical challenge of ensuring State representatives have proper authority to settle, and the frameworks needed before mediation begins. The panel will examine the tension between mediation's inherent confidentiality and the public interest demands for transparency in investor-State disputes.
Integration with IS Arbitration
The speakers will debate the optimal timing for IS mediation, whether during cooling-off periods, parallel to arbitration, or at enforcement stages. The conversation will explore how building mediation into BIT dispute resolution clauses could increase uptake while respecting party autonomy.
Building Mediator Capacity and Institutional Support
Learn what makes an effective IS mediator, from strong mediation expertise to ISDS understanding and cultural intelligence. You will hear how institutions like ADGM and ICSID are training mediators, developing credible panels, and raising awareness among States and legal counsel.
The Singapore Convention's Impact
The panel will discuss whether the Singapore Convention is driving greater adoption of IS mediation, and how it provides credibility by having States endorse the process. They will explore what this means for both signatory and non-signatory States facing investment disputes.