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Conference endorses Guide on Investment Mediation

On 19 July 2016 the Energy Charter Conference, under the Japanese Chairmanship, endorsed the Guide on Investment Mediation as a helpful, voluntary instrument to facilitate the amicable resolution of investment disputes (CCDEC201612). It also encouraged Contracting Parties to consider to use mediation on voluntary basis as one of the options at any stage of the dispute to facilitate its amicable solution and to consider the good offices of the Energy Charter Secretariat. Finally, the Conference welcomed the willingness of the Contracting Parties to facilitate effective enforcement in their Area of settlement agreements with foreign investors in accordance with the applicable law and the relevant domestic procedures.

The guide was designed to (i) explain the mediation process in general (ii) facilitate tips and (iii) explain the role of the Energy Charter Secretariat and other institutions. The aim is to have an explanatory document that could be voluntarily used by governments and companies to take the decision on whether to go for mediation and how to prepare for it. The guide was prepared with the support of the International Mediation Institute (IMI), the International Centre for Settlement of Investment Disputes (ICSID), the Arbitration Institute of the Stockholm Chamber of Commerce (SCC), the International Court of Arbitration of the International Chamber of Commerce (ICC), the UN Commission on International Trade Law (UNCITRAL) and the Permanent Court of Arbitration (PCA).