Mediation Services | Scope of Cases

Scope of Cases

The IOMed shall provide mediation services for the settlement of the following international disputes submitted by the parties by mutual consent expressed before or after the dispute arises:

Disputes between States;
Disputes between a State and a national of another State; and
International commercial disputes between private parties.

The IOMed shall provide mediation services upon the request of Contracting States which agree to mediation with respect to legal and factual disputes, disagreements or any issues of concern between them.

The IOMed may also provide mediation services for Non-Contracting States or international organizations if they wish to submit their dispute to the IOMed, subject to such rules as may be adopted by the Governing Council.

The IOMed shall not provide mediation services to a State with respect to disputes which have been excluded by that State through a declaration, such as disputes concerning territorial sovereignty, maritime delimitation, maritime interests or other issues as deemed by that State unsuitable to resort to mediation.

In case of a dispute submitted by States involving a third State, the IOMed shall not provide mediation services with respect to such dispute unless prior consent is given by the third State concerned. The States to the dispute shall inform the IOMed of such circumstance when instituting mediation proceedings in accordance with the IOMed Convention. The IOMed may also be informed by the third State in this regard.

The IOMed shall provide mediation services with respect to commercial or investment disputes between a Contracting State and a national of another State.

The IOMed may also provide mediation services with respect to commercial or investment disputes involving a Non-Contracting State or an international organization if the parties wish to submit their dispute to the IOMed, subject to such conditions as may be adopted by the Governing Council.

Reference to a State or an international organization includes a constituent subdivision or agency of the State, designated to the IOMed by that State, or an agency of the international organization.

Consent by a constituent subdivision or agency of a Contracting State shall require the approval of that State unless that State notifies the IOMed that no such approval is required.

Reference to a national means a natural person or a legal person.

The IOMed shall provide mediation services with respect to disputes arising out of or relating to international commercial relationships between private parties, subject to such conditions as may be adopted by the Governing Council.

Disputes arising out of transactions engaged in by one of the private parties for personal, family or household purposes shall be excluded from the scope of this Article.

Reference to private party includes individual, and entity constituted or organized under applicable law, whether or not for profit, whether privately owned or governmentally owned, such as corporation, trust, partnership, sole proprietorship, joint venture or other association and a branch of any such entity.

Reference to such disputes shall be construed to include those arising out of or relating to commercial relationship between parties in different territorial units of a State with non-unified legal systems.

The IOMed shall provide mediation services with respect to commercial or investment disputes between a Contracting State and a national of another State.

Reference to a State or an international organization includes a constituent subdivision or agency of the State, designated to the IOMed by that State, or an agency of the international organization.

Consent by a constituent subdivision or agency of a Contracting State shall require the approval of that State unless that State notifies the IOMed that no such approval is required.

Reference to a national means a natural person or a legal person.

Disputes arising out of transactions engaged in by one of the private parties for personal, family or household purposes shall be excluded from the scope of this Article.

Declarations

Any State may, at the time of ratification, acceptance, approval of or accession to the IOMed Convention or at any time thereafter, notify the depositary of the type or types of disputes set out in Articles 25 and 27 of the IOMed Convention which it would not consider submitting to the IOMed. The depositary shall forthwith transmit such notification to all Contracting States.

Such notification shall not constitute the consent required by paragraph 1 of Article 24 and is without prejudice to Contracting States submitting a particular dispute to the IOMed by specific consent.

Such notification may be amended or withdrawn at any time.

Panels of Mediators

Establishment

The IOMed shall maintain two Panels of Mediators: the Panel of State-to-State Mediators for mediating disputes set forth in Article 25 of the IOMed Convention, and the General Panel of Mediators for mediating other disputes set forth in Articles 27 and 28.

The Panels shall consist of qualified persons, designated as provided in the Convention, who are willing to serve thereon.

Designation

Mediators on the panels will be designated by Contracting States and the Governing Council.

Each Contracting State may designate up to five persons from among its nationals to the Panel of State-to-State Mediators, and designate up to twenty persons from among its nationals to the General Panel of Mediators. Each Founding Member may designate up to ten extra persons from among its nationals to the General Panel of Mediators. All designations shall be notified to the Secretary-General and shall take effect from the date on which the notification is received.

The Governing Council may designate up to ten persons to the Panel of State-to-State Mediators and up to twenty persons to the General Panel of Mediators. When making designations, it shall also pay due regard to the importance of assuring representation of principal legal systems, geographical diversity and gender balance on the Panels as a whole.

Qualifications

Persons designated to the Panels of Mediators shall be persons of high moral character and recognized competence in specialized fields such as law, commerce, industry or finance, who may be relied upon to conduct mediation.

In addition to the abovementioned qualifications, persons designated to the Panel of State-to-State Mediators shall also be persons of known competency in questions of international law, diplomacy, international relations or international political and economic affairs and with extensive political skill and judgment.

Term of Office

Persons designated to the Panels shall serve for renewable periods of five years.

In case of death, resignation or withdrawal of the designation of a person designated to a Panel, the Contracting States or the Governing Council which designated the person shall have the right to designate another person to serve for the remainder of the term.

Mediation Rules & Model Mediation Clause

The mediation rules will be adopted by the Governing Council pursuant to paragraph 1 of Article 12 of the IOMed Convention, and apply to mediation under the Convention.

Rules of Procedure for Institution of Mediation Proceedings

The rules of procedure for the institution of mediation proceedings will be adopted by the Governing Council pursuant to paragraph 1 of Article 12 of the IOMed Convention. The parties to a dispute wishing to institute mediation proceedings shall submit a request to the Secretary-General in accordance with the rules of procedure for the institution of mediation proceedings.

Code of Conduct for Mediators

The code of conduct for mediators will be adopted by the Governing Council pursuant to paragraph 1 of Article 12 of the IOMed Convention. The mediator shall seek to maintain fair treatment of the parties and promote the settlement of the issues in dispute between the parties.

Mediation Facilities

The IOMed offers sets of world-class mediation facilities at the headquarters in Hong Kong.

Cost of Proceedings

The charges payable by the parties for the use of the mediation services and facilities of the IOMed shall be determined by the Secretary-General in accordance with the rules and regulations adopted by the Governing Council.

The fees and expenses of mediators shall be determined within limits established from time to time by the Governing Council.

The fees and expenses of mediators as well as the charges for the use of the mediation services and facilities of the IOMed shall be borne equally by the parties unless otherwise agreed. Each party shall bear any other expenses it incurs in connection with the proceedings.