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Mediating ISDS disputes

  • External Seminars

Mediating ISDS disputes

- the new mediation rules of ICSID and the Decision Trees by the IPBA

February 6, 2024
Online, Tokyo Bar Associations Building

International arbitration partner Lars Markert gave a talk on Mediating ISDS disputes under the new ICSID Mediation Rules and the Decision Trees of the IPBA at a JAA event held on February 6, 2024.

Investment arbitration disputes have repeatedly received criticism for being too long and costly. Therefore, there is a push within the UNCITRAL Working Group III to improve the investor-state dispute resolution system. One way to resolve disputes more efficiently is to promote the use of mediation. In the seminar, Lars Markert discussed the efforts to increase efficiency, focusing on the new Mediation Rules issued by the International Centre for Settlement of Investment Disputes (ICSID), as well as some perceived obstacles to mediated settlements for States, and how they can be overcome.

Lars also examined the soon-to-be-released IPBA Decision Trees on Investor-State Mediation, which aim to provide simple guidance on when mediation appears particularly appropriate at various stages of dispute. The goal of the seminar was to show that investor-state mediation is growing in importance, popularity, and usefulness for resolution of disputes.



Lars’ practice is focused on commercial and investment arbitration. He has particular expertise in contentious proceedings involving post-M&A, commercial, manufacturing, construction, and distribution matters, in areas such as life sciences, automotive, and energy. Lars also deals with cases involving governments, and has advised foreign investors and sovereign states on issues of foreign direct investment and public international law, including related negotiations and investor-state disputes. He has been involved in more than 50 international arbitrations as counsel and arbitrator under the arbitration rules of institutions such as the ICC, DIS, SAC, NAI, ICDR, KCAB, JCAA, SIAC, and ICSID, as well as under the UNCITRAL Rules.