Current State and Future of Investor-State Mediation
Current State and Future of Investor-State Mediation

Summary/Abstract: To protect the investments of their investors abroad, countries began toconclude investment treaties among themselves in the middle of the 20th century.The main feature of such treaties has been the availability of an effective mechanismfor resolving disputes between a state and an investor. Most of them provide for arbitration, the effectiveness of which is universally recognised. However, arbitration hascome under criticism in recent years. Among the main reasons are the inconsistencyof awards, the high cost and long duration of proceedings, the lack of transparencyand other issues. Due to that, practitioners and scholars call for reform and suggest,inter alia, resorting to investor–state mediation. In this regard, many developmentshave been made to increase the use of mediation in future. For example, the WorkingGroup III reform is currently taking place, the Singapore Convention has been signed,arbitration rules and guidelines have been issued, etc.

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