The frameworks for International Commercial Mediation, and Investor-State Mediation are fast developing and are potentially the most effective and cost-efficient forms of dispute resolution, both in the context of cross border international commerce, and in the investor-state investment context. This seminar will be presented over two days. The first day focuses on the changing landscape and strategies to better understand and utilize this new developing framework for International Commercial Mediation, including the enforcement of mediated settlements under the Singapore Convention on Mediation, and also on the Investor-State Dispute Resolution framework. The second day of this seminar focuses more on implementation and practice issues. The discussion will also include the key skills necessary to manage an international commercial or investor-state mediation either as a mediator, or as a party, or as an advocate assisting a party to a mediation. All those who are involved in International Commercial Mediation or Investor-State Mediation, or who may become involved, or who are interested in these important topics, will benefit from this seminar.
The seminar will be delivered through 2 live online sessions via videoconferencing platform. Each session will last approximately 3.5 hours and will start at 7:00 am Washington DC time (Eastern Standard Time). We expect the classes to be highly interactive.
- Integrated discussion in respect to the International Commercial Mediation Framework: the Singapore Convention on Mediation; UNCITRAL Model Law on International Commercial Mediation and International Settlement Agreements Resulting from Mediation;
- Conciliation Proceedings under the ICSID (International Centre for Settlement of Investment Disputes) Convention in the broader context of Amicable Resolution of Disputes;
- Mediating disputes involving a Government Entity;
- Key aspects in respect to Settlement Agreements;
- Key issues in respect to Mediation Practice in the context of the above.
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.