‘The Greatest Victory’? Challenges and Opportunities for Mediation in Investor-State Dispute Settlement

Development summary

The article examines the rise of mediation in investor-State dispute settlement in the context of arbitration’s public legitimacy crisis and the broader backlash against international adjudication. It analyses nine principal challenges facing mediation in ISDS, recent developments aimed at addressing them, and mediation-related reform options on the UNCITRAL agenda.