DATES: APR 15-19, 2019    
         
VENUE: ILI Headquarters, Washington, D.C., USA      
       
TUITION: $1995    
         

 

 

 

 

 

Overview

The frameworks for International Commercial Mediation, and Investor-State Mediation are fast developing and are potentially the most effective and cost-efficient forms of dispute resolution, both in the context of cross border international commerce, and in the investor-state investment context. One part of this seminar focuses on the new developing framework for International Commercial Mediation, including the enforcement of mediated settlements under the Singapore Convention on Mediation, and also on the Investor-State Dispute Resolution framework. The second part of this seminar focuses on skills training to manage an international commercial or investor-state mediation either as a mediator, or as a party, or as an advocate assisting a party to a mediation. Through an in-depth analysis of theory and practice with the emphasis on building skills, and by conducting a simulated-mediation, participants will acquire the skills and knowledge essential to managing the International Mediation process (including a multiparty mediation), and to reaching agreement in commercial cross border and investor-state investment disputes. All those who are involved in International Commercial Mediation or Investor-State Mediation, or who may become involved, or who are interested in these important topics, will benefit from this seminar.

Course Outline

 

Basic Standards for the Treatment of Foreign Investment

  • International Commercial Mediation Framework: the Singapore Convention on Mediation; UNCITRAL Model Law on International Commercial Mediation and International Settlement Agreements Resulting from Mediation;
  • Court Assistance in the context of International Commercial Mediation: conflict between treaties or laws; more favourable national legislation rule principle; how to enforce a Settlement Agreement; how courts can be involved in an International Commercial Mediation, and similarly avoiding the involvement of courts in the mediation process;
  • Conciliation Proceedings under the ICSID (International Centre for Settlement of Investment Disputes) Convention;
  • Mediating disputes involving a Government Entity;
  • Mediation Practice in the context of International Commercial Mediation:
  • Mediation Principles and Process;
  • Mediation Skills and Techniques;
  • The Roles of the Parties to a Mediation;
  • Simulated Mediation Exercise

Course Advisors

Hernando Oterois an international arbitration and mediation attorney with experience as an arbitrator, mediator and counsel record in domestic and international proceedings. He is an Alternative Dispute Resolution lecturer with the Washington College of Law (WCL) and the International Law Institute in Washington D.C. He is also a Fellow with the WCL Center on International Commercial Arbitration and the lead lecturer for its mediation course offered with JAMS. He is a peer-reviewed mediator with the District of Columbia’s Superior and Appeals Courts, a member of the roster of neutrals of the International Institute for Conflict Prevention and Resolution (CPR), and a CEDR certified mediator for Investor-State disputes. He has served as international arbitrator before the World Bank’s International Center for Settlement of Investment Disputes (ICSID) and has been appointed as an arbitrator by the International Chamber of Commerce’s (ICC) Court of Arbitration, the Bogota Chamber of Commerce Arbitration and Conciliation Center’s (CAC) Court of Arbitration and the Financial Industry Regulatory Authority (FINRA) in the United States. He has also appeared as counsel of record in proceedings under the ICSID Convention, the ICSID Additional Facility and the UNCITRAL Arbitration Rules.