MEDIATION AS AN AMICABLE MEANS WITHIN THE INVESTOR-STATE DISPUTE SETTLEMENT CLAUSE: A BASIC SURVEY OF RUSSIAN BILATERAL INVESTMENT TREATIES

Abstract

In the last decade, many endeavors have been done to reform the Investor-State Dispute Settlement (ISDS) clause by International organizations such as ICSID, OECD, UNCITRAL and UNCTAD. In the case of reform, one of the discussed topics is the mediation of Investment disputes. Paying attention to mediation in international investment law has caused Bilateral Investment Treaties (BITs), including national model treaties and international ones, specifically consider mediation. Purpose: The main purpose of the paper is to answer the basic question: How and in what language have Russian BITs addressed the investment disputes mediation? Methods: general scientific methods of theoretical knowledge, as well as general logical methods and research techniques are used in analyzing the Russian BITs and domestic arbitration law. Results: By carefully examining and analyzing the Russian BITs, present study has come to the conclusion that the Russian treaties have chosen the appropriate language that can help in the amicable settlement of disputes; As the BITs have considered mediation as an amicable means to settle investment disputes in the prerequisite stage for investment arbitration, and in this regard, three fundamental factors do play big role in Russian BITs: First of all, the disputes must be settled amicably and peacefully. Second, the parties to the dispute can use special means such as consultation, negotiation, conciliation and mediation provided by the Russian BITs to settle their disputes amicably. Third, the use of mediation in most cases is subject to a cooling-off period and creates a regular framework for investment disputes settlement amicably.

Keywords

• mediation
• investment arbitration
• russian bilateral investment treaties
• amicable means
• dispute settlement