Investment negotiation and mediation
Oversee and encourage application of rules, guidelines and ethical frameworks in investment agreements to settle disputes arising from the investment activities to nurture friendly Investor-State relationships in the long term
Type
Domain
Competency Area
Trade and Investment Facilitation
Levels
Understands the process of investment mediation and investment agreements
Understands procedural and substantive issues in International Investment Agreements (IIAs), Investor-State Dispute Settlement (ISDS) proceedings (such as sovereign immunity claims, public interest defences, transparency concerns)
Understands the process of international investment, international commerce, financing mechanisms and public international legal issues
Describes mediation process, its possible outcomes and selection criteria of suitable and competent mediators
Recognises the financial formalities required in allowing the parties and the State to enter into enforceable settlement agreements
Assists in selection of mediators and IIA implementation
Assists in implementation of International Investment Agreement (IIA) provisions on mediation
Synthesises rules, processes in dispute resolution processes (such as rules for arbitration, conciliation and fact-finding in investment mediation)
Assists parties, institutions, appointing bodies in selecting qualified mediators or comediators for disputes involving private sector units and States
Informs viewpoints, concerns of stakeholders involved and responds to specific requests from investors in a timely and effective manner
Facilitates the negotiation and mediation process
Manages and monitors the external procedural requirements and the social dynamics between key participants in investment agreement
Anticipates issues, its implication on investment agreement and proposes solutions to possible procedural issues and obstacles
Manages different types of mediation processes (such as evaluative, facilitative, transformative) to address social, political and cultural considerations in disputes settlement
Conducts outreach activities, training workshops and international mediation involving a State entity and private party
Promotes development of frameworks, guidelines and codes on effective mediation
Applies relevant rules, guidelines and codes of ethics in Investor-State mediation
Advances structural frameworks for identifying applicable norms in investment negotiation, mediation and arbitration
Encourages positive long term relationships by influencing investors on dispute settlement through conciliation or arbitration rather than court proceedings