Author: Sussman
In: Journal of Moral Philosophy
In: Marx and the Political Economy of the Media
In: Media and Left
In: Literator 2010: Daniel Kehlmann
In: Media, Ideology and Hegemony
Author: Edna Sussman

Abstract

Can investor-State disputes really benefit from mediation, or are such disputes creatures unto themselves as to which normal litigation considerations on how to achieve settlement do not pertain. Today one finds considerable interest in promoting mediation for investor-State disputes and facilitating its development from those speaking from all perspectives: host-government representatives, administering institution representatives, and investors. It must be recognized that mediation has not been widely used in investor-State disputes. The recent economic downturn has caused all parties to look for cost-saving measures. All of these drivers increasingly lead to the greater utilization of mediation. Moreover, the success of mediation as a dispute resolution tool is itself creating its own momentum and growth. This chapter reviews some of the salient benefits of mediation to see if they apply in the context of investor-State arbitration and identify the special obstacles that can stand in the way of settlement of such disputes.

In: Contemporary Issues in International Arbitration and Mediation: The Fordham Papers (2009)