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Workshop on Prevention and Management of Investment Disputes

On 6 July 2018, the Energy Charter Secretariat held an interactive workshop on Prevention and Management of Investment Disputes. The workshop aimed to informally exchange views and experiences from governmental officials on dealing with investment disputes to gather their practical concerns and best practices. The comments received during the workshop will be used to enrich the draft Model Dispute Management Protocol, prepared by the Energy Charter Secretariat with the support of the IMI Investor-State Mediation Taskforce and government officials dealing with investment disputes.

The objective of the Model Protocol is to provide a legal framework for preventing and managing investment disputes (arising out of contracts or investment agreements), including the possibility to negotiate and/or mediate with foreign investors. 

The Model Protocol is a non-binding framework that could be voluntarily used (similar to a Model Law) as a reference to implement a national framework by those states who do not have one already in place (or by those who want to update/extend the one they already have). In doing so, they could adapt the Model to their particular needs and circumstances. 

The workshop was moderated by Alejandro Carballo and Iryna De Meyer, from the Secretariat and gathered government officials from several countries from Latin America, Africa and Europe. The discussion was supported by invited experts, comprising Caroline Nicholas (UNCITRAL), Diana Rosert (UNCTAD), Roberto Echandi, Miriama Kiselyova (Ministry of Finance, Slovakia), Jeremy Sharpe (Shearman & Sterling, former US Chief of Investment Arbitration), Carlos Valderrama (Sidley, former President of Peru’s inter-agency Special Commission for International Investment Disputes), Mr. Mohsen Baharvand (Deputy Secretary-General of the Asian African Legal Consultative Organization, AALCO).

After the workshop, further cooperation between the Secretariat and AALCO was explored. The Secretariat already enjoys fruitful collaboration with UNCTAD and UNCITRAL.

To learn more about investment arbitration in general, please register to our upcoming Investment Arbitration Masterclass which will take place on 5-8 November 2018 in Brussels.