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



Competency Area

Trade and Investment Facilitation


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