CONCILIATION OF INVESTOR–STATE DISPUTES, ARB-CON-ARB, AND THE SINGAPORE CONVENTION Conciliation is a dispute settlement mechanism that is particularly suitable for investor–State disputes. It provides flexibility for political sensitivities, relationship preservation, and technical complexity. Most importantly, it offers neutral evaluation of the quantum of compensation. Yet conciliation has played a minimal role in assisting the settlement of investor–State disputes in the last 50 years – why? Two important obstacles to the settlement of investment disputes are the investor's preference for binding results and restrictions on government officials for fear of corruption. This article examines how conciliation and arbitration should be structured to form complementary negotiation windows, examines the prospects of the 2019 Singapore Convention on International Settlement Agreements Resulting from Mediation for conciliation, and recommends that institutions handling investment disputes offer Arb-Con-Arb di

Citation(2019) 31 SAcLJ 670
Publication year2019
AuthorChristine SIM LLB (NUS), LLM (Geneva MIDS); Advocate and Solicitor (Singapore); Attorney (New York State), MCIArb.

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