Mediation of disputes involving States – Freshfields’ Annual Public International Law Seminar

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Dec 5 2024

On Tuesday 22 October 2024, an audience of government and private sector advisers, international law practitioners and academics attended the annual Freshfields Public International Law Seminar. This year, the Seminar was hosted by the Permanent Mission of Singapore to the United Nations, following a brief introduction by Ambassador Burhan Gafoor (Permanent Representative of Singapore to the United Nations in New York) and Joshua Kelly.

The topic of this year’s seminar was: “Mediation of disputes involving States: evolving practices and future prospects”. Will Thomas KC moderated a panel comprised of Daphne Hong (Solicitor-General, Attorney-General’s Chambers, Singapore), Ambassador Michael Imran Kanu (Permanent Representative of Sierra Leone to the United Nations in New York), Wolf Von Kumberg (Independent Arbitrator and Mediator Arbitra, Member ICSID Conciliation Panel), and Meg Kinnear (former ICSID Secretary-General and co-founding member of Low & Kinnear Dispute Resolution).

Over the course of an-hour long discussion, the speakers discussed the benefits and challenges of mediation as a dispute resolution mechanism, while also considering its future development in resolving both investor-State and State-to-State disputes.

In doing so, the speakers addressed several areas, including:

how mediation can offer a more flexible and efficient alternative compared to other dispute resolution mechanisms, allowing parties to maintain control over the process and its outcome;
how critical issues, such as transparency, State authority and public accountability can be addressed to ensure public trust and efficiency of mediation processes;
the role of institutional frameworks in bolstering credibility, providing guidance and promoting consistency in mediation practices, including in the investor-State context;
examples of successful State-to-State mediations and the lessons they offer for navigating complex disputes between States;
the essential qualifications and attributes of mediators in State-related disputes, and how these differ from those expected of adjudicators;
the significance to date of the Singapore Convention on Mediation in strengthening enforcement mechanisms and encouraging wider resort to mediation in international disputes.

The Freshfields Public International Law Seminar is held every year as a side event of the Sixth Committee (Legal) of the United Nations General Assembly.

Authors

London

Dec 5 2024

In doing so, the speakers addressed several areas, including:

how mediation can offer a more flexible and efficient alternative compared to other dispute resolution mechanisms, allowing parties to maintain control over the process and its outcome;
how critical issues, such as transparency, State authority and public accountability can be addressed to ensure public trust and efficiency of mediation processes;
the role of institutional frameworks in bolstering credibility, providing guidance and promoting consistency in mediation practices, including in the investor-State context;
examples of successful State-to-State mediations and the lessons they offer for navigating complex disputes between States;
the essential qualifications and attributes of mediators in State-related disputes, and how these differ from those expected of adjudicators;
the significance to date of the Singapore Convention on Mediation in strengthening enforcement mechanisms and encouraging wider resort to mediation in international disputes.

The Freshfields Public International Law Seminar is held every year as a side event of the Sixth Committee (Legal) of the United Nations General Assembly.