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Seminar on Prevention and Management of Investment Disputes

3 December 2018, 12:00-3:00 pm, The George Washington University Law School, 2000 H Street, N.W, Washington, D.C.

On 3 December 2018, the Energy Charter Secretariat in cooperation with the George Washington University Law School held an interactive seminar on Prevention and Management of Investment Disputes. The seminar aimed to explore practical issues such as early assessment of the dispute, transparency and confidentiality, when to consider investment mediation, the role of the agent and hiring external experts. Reference was made to the Model Dispute Management Instrument with respect to the issues discussed. The comments received during the seminar were used to enrich the Explanatory Note to the Model Dispute Management Instrument. 

The seminar was moderated by Iryna De Meyer from the Secretariat and gathered representatives from MIGA, World Bank, ICSID, US and Vietnam government officials, private lawyers and students. The interactive panel consisted of Eloïse M. Obadia (World Bank), Maka Gotsiridze (Ministry of Justice, Georgia), Pedro Claros (DAC Beachcroft), Carlos Jose Valderrama (Sidley Austin, Former President of Peru’s inter-agency Special Commission for the International Investment Disputes) and Frauke Nitschke (ICSID).

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

The Model Instrument 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. 

Next year, the Secretariat will focus on dispute prevention tools.