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CIL Working Conference on Conciliation: Alternative Dispute Resolution for Disputes Involving States
CIL is embarking on a study of alternative dispute settlement for disputes involving States, focusing on conciliation.
To this end, on 17 and 18 January 2017, CIL convened a working conference on conciliation entitled ‘Conciliation: What is it and When Might it be a Useful Method of Dispute Settlement for States?’ The conference brought together a small group of international law practitioners and academics to discuss conciliation as a method of resolving disputes involving States. Participants included: Nicholas Lingard (Freshfields Bruckhaus Deringer), Deborah Lee Hart (Arbitrators’ and Mediators’ Institute of New Zealand), Daphne Hong (Attorney-General’s Chambers Singapore), Sarah Jane Grimmer (Hong Kong International Arbitration Centre), Marcus Lim (Singapore International Mediation Institute), Dr Petra Butler (Victoria University of Wellington) and Assistant Professor Dorcas Anderson Quek (Singapore Management University). A copy of the conference programme is available here.
The conference reinforced that while conciliation offers clear advantages for certain types of disputes involving States, for a variety of reasons States are very reluctant to engage in conciliation. Going forward the key issues appear to be: how to deal with State concerns about the non-binding nature of conciliation, how to identify disputes that are most amenable to conciliation, the role of compulsory procedures in encouraging the up-take of conciliation, and generally how to raise the profile of conciliation involving States. These issues will be the focus of CIL’s ongoing research on conciliation and other different forms of alternative dispute resolution.
Documents
Conference programme
CIL’s report on the conference
Background materials on the history and nature of conciliation.
Conference power point presentations
Beckman, 1982 UNCLOS Conciliation
Chris, ICSID Conciliation
Dorcas, What Conciliation can learn from early netural evaluation
Grimmer, The Future of Conciliation Institutional Admin of Conciliation Proceedings
Lingard, What can conciliation learn from other forms of ADR