Mediation in International Commercial and Investment Disputes

Abstract

Conventional approaches to the classification of disputes tend to reinforce the often tacit assumption that mediation is neither of much relevance to energy dis- putes nor is it much in use. We argue that a different approach, taking into account the changing character of the international energy industry, and noting the prac- tice of combining different techniques in tackling particular disputes, reveals that mediation is already in use in diverse ways, with varying degrees of success and in different forms of energy. Apart from an extensive review of the available literature, we use several case studies to support this view. We also argue that mediation could be more effective if four issues were addressed.