COVID-19 Measures and Investor-State Disputes: Have the Stars Aligned for Mediation?

Abstract

Using evidence from the Singapore International Dispute Resolution Academy’s International Dispute Resolution Survey (“SIDRA IDR Survey”), this chapter argues that the twin forces of COVID-19 and the SCM have created hospitable conditions for the growth of investor-state mediation. The SIDRA IDR Survey focuses on the experiences of legal users and client users of cross-border dispute resolution mechanisms between 2016 and 2018. Users of investor-state dispute settlement were asked to select the mechanisms of dispute resolution that they have been involved in, rank the factors that influenced their choice of mechanism, and evaluate the usefulness of methods to improve the dispute resolution process for investor-state disputes. Their responses can inform the prospects for arbitration and mediation in the context of COVID-19.

Keywords: COVID-19, investor-state disputes, mediation, investor-state mediation, investor-state dispute settlement, investor-state arbitration