With the announcement of the ICSID Mediation Rules earlier this year, and the success of the Singapore Convention, has the time for the use of mediation in investment disputes now arrived? There has been an increasing interest in the topic and it is the subject of discussion at the UNCITRAL III ISDS Working Group. Yet there are still many perceived obstacles to its use, particularly by States. These include: transparency vs confidentiality, personal risk to State officials, political risk, lack of an internal State framework for mediation to be utilised within and enforceability of mediated settlements.
Can these obstacles be addressed through some of the recent developments in this area? This knowledgeable panel of speakers will tackle the practical aspects of this topic and provide insight into what is an important new development in international mediation. It is a subject of interest not only to mediation practitioners, but also those involved in international commerce and investor/State dispute resolution.
This webinar is part of CIArb’s Ongoing Learning – a range of learning opportunities designed to help you deepen your knowledge and skills, and keep you informed and up-to-date. Look out for more information about Ongoing Learning in the coming months. Attendees will receive an Ongoing Learning certificate as part of this webinar, which counts towards 1.5 hours of CPD/CLE. Recordings will be available after the event. If you are unable to attend the live event, buying a ticket will still give you access to the recording.
This webinar will be moderated by Wolf Von Kumberg, FCIArb. Ongoing Learning Webinars are supported by JAMS.Register now.
Please note the times listed are in British Summer Time (GMT+1)
CIArb members - Higher income countries*
CIArb members - Lower income countries**
* Valid for High-income and Upper-middle income economies as per World Bank classification.
** Valid for Low-income and Lower-middle-income economies as per World Bank classification.
Independent Arbitrator and Mediator. Member of Arbitra with offices in Washington DC and London, England. Specializing in Investor/State Mediation and energy disputes arising from the energy transition. Consulting with energy and aerospace/aviation companies to implement dispute management programmes to mitigate dispute risks arising from the energy transition.
Dr. Jaroslav Kudrna is the Head of the International arbitration and investment protection unit at the Ministry of Finance of the Czech Republic. He defends the Republic in investment arbitrations, negotiates BITs on its behalf and represents it in international forums, including UNCITRAL (WG III) and ECT modernization group. Prior to joining the Ministry, Dr. Kudrna worked as an associate in the international arbitration group of White & Case in New York where he focused on investment and commercial arbitration. Dr. Kudrna obtained a PhD in public international law at Charles University in Prague, an LLM in International Business Regulation, Litigation and Arbitration at New York University and Masters of Laws at the University of Strasbourg and Sciences Po Paris. Dr. Kudrna has passed the New York Bar and Paris Bar exams.
Mark Appel has nearly 40 years of global arbitration and mediation experience, having served in both executive and senior executive positions at the American Arbitration Association (AAA) and International Centre for Dispute Resolution (ICDR), leaving ICDR/AAA as Senior Vice President, EMEA in December of 2015.
While serving as an AAA Executive, Mr. Appel personally administered or was responsible for the administration of thousands of commercial arbitrations and mediations.
Mr. Appel is thoroughly familiar with Civil and Common law arbitration and mediation practice and procedure, with over 30 years of experience in training arbitrators and mediators on four continents on behalf of various arbitral institutions, government ministries, Courts and NGOs.
In cooperation with industry experts, Mr. Appel has drafted multiple sets of arbitration and ADR procedures, including online, “desk” arbitration procedures for manufacturers and suppliers and Dispute Review Board procedures.
An experienced mediator, Mr. Appel is an Honorary Director of the International Mediation Institute (IMI). Since 2016, Mr. Appel has served as Chair of the IMI Investor-State Mediation Task Force, working with state and investor representatives, experts, academics, the Energy Charter Secretariat, ICSID and UNCITRAL on investor-state dispute settlement (ISDS) reform and mediation.
Mr. Appel has mediated cases, including complex multi-party cases, in various industries including Construction/Infrastructure, Energy, Technology, Commercial Finance, Joint Venture/Partnership, Real Estate and Equipment Leasing.
Mr. Appel has consulted with individual companies and whole industries on dispute resolution design. Mr. Appel also participated in a series of ground-breaking corporate dispute resolution and conflict management benchmarking surveys of leading French corporations.
At the request of several government ministries of justice and economic development and global NGOs, Mr. Appel has worked with community stakeholders including Bar Associations, Chambers of Commerce and the Courts to build new Arbitration and Mediation Centers in the EMEA region.
Mr. Appel has taught arbitration law and procedure and overview courses in dispute resolution at the graduate and post-graduate (law) levels in multiple jurisdictions.
Bart Wasiak is a Senior Associate at Arnold & Porter, based in London. He is dual-qualified in New York and in England and Wales. His practice focuses on representing sovereign States and private-sector clients in high-stakes international arbitration proceedings. He has served as counsel in more than 20 investment-treaty arbitrations under the ICSID and UNCITRAL arbitration rules. He has advised clients in relation to a broad range of disputes, including in the energy, banking, mining and shipping sectors. He is a Vice-Chair for Policy of the American Bar Association’s International Arbitration Committee.