INTERNATIONAL COMMERCIAL AND INVESTOR-STATE MEDIATION


By Veniece Miller

The International Law Institute (ILI) is pleased to present a new week-long course on International Commercial and Investor-State Mediation that will take place in Washington, D.C. from April 13th – 17th, 2020. Through an in-depth analysis of theory and practice with an emphasis on building skills, participants will hone the ability and knowledge essential to managing an International Mediation process (including a multiparty mediation), and reaching an agreement in commercial cross border and investor-state investment disputes. Hernando Otero, an Alternative Dispute Resolution expert with the Washington College of Law and lecturer at the International Law Institute, is the course Advisor.

In recent times, the frameworks for International Commercial Mediation and Investor-State Mediation have developed quickly and are potentially the most effective and cost-efficient forms of dispute resolution. These frameworks are operative in the context of cross border international commerce and investor-state investment.

Hernando explains the aim of the course, “[Participants will] gain the ability to understand how to negotiate and mediate international and commercial disputes.” He notes further that this is a useful skill across various types of commercial disputes.

This course will focus on the new developing framework for International Commercial Mediation, including the enforcement of mediated settlements under the Singapore Convention on Mediation and the Investor-State Dispute Resolution framework. The second part of this course focuses on skills training to manage an international commercial or investor-state mediation either as a mediator, a party, or an advocate assisting a party to a mediation.

Hernando has structured the course to be highly interactive, including many hands-on exercises and a mock mediation. He explains this will allow participants to be able to apply what they learn and also develop skills in mediation. This hands-on experience is especially beneficial for practical application in interstate mediation. As Hernando says, “You can study all the books but not have any skills when it comes to international commerce and mediation… our focus is to develop skills― mediation is a skills-oriented activity, you need to put that knowledge into practice.”

Hernando points out that participants will add many of these skills to their toolbox, “The skills acquired are applicable to negotiations in international commercial disputes but also in the types of negotiation.”

All those who are involved in International Commercial Mediation or Investor-State Mediation, or may become involved, or are interested in these important topics will benefit from this course. Hernando says particularly this course will help “government officials to understand how to engage with private parties and mediate in the legal framework while protecting the public interest without compromising themselves.”


Hernando Otero
is 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.

 

For more information on: International Commercial And Investor-State Mediation

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