Making the Case for Mediation in ISDS: Internal Advocacy for Government Lawyers and Law Firm Practitioners
Building on the 2024 Partner Event (“Investor-State Mediation: changing the mindset – In conversation with the practitioners”) and the 2025 Partner Event (“The Roadmap to a Successful Mediation in ISDS”), the 2026 CIL – SCW seminar explored how government lawyers, in-house counsel and private practitioners can effectively advocate for the use of mediation in Investor-State disputes within their own organisations. It focused on identifying and addressing common misconceptions - such as concerns over enforceability, loss of control, or perceived weakness - and reframing mediation as a strategic, credible, and outcome-oriented tool. The objective was to equip practitioners with data and practical tools to effectively advocate internally for mediation in investor-State disputes. The discussion was informed by a diverse panel of experts comprising representatives from government, the corporate sector, private practice, and relevant institutions.
In the first part of the seminar, panellists were presented with data points and research findings on the use of mediation in investor-State disputes and invited to react from their respective perspectives of government, private practice, corporate stakeholders, and arbitral and mediation institutions. The second part of the seminar focused on the practical question of how lawyers can effectively advocate for mediation within their own organisations, with a particular emphasis on concrete approaches and tools. The moderator introduced an Investor-State Mediation Resource Pack for Internal Advocacy developed by CIL and invited the panellists to share their views and comments on the tool.
PRE-EVENT INFORMATION
This seminar explores how government lawyers and external counsel can effectively advocate for mediation in Investor-State disputes within their own organisations. It focuses on identifying and addressing common misconceptions - such as concerns over enforceability, loss of control, or perceived weakness - and reframing mediation as a strategic, credible, and outcome-oriented tool.
PANELISTS
Ms Sapna Jhangiani KC | Arbitrator and Mediator, Blackstone Chambers
Sapna Jhangiani KC is a barrister at Blackstone Chambers, based in Singapore, with over twenty-five years’ experience in appearing before courts and tribunals, and sitting as an arbitrator or mediator, in complex commercial disputes seated all over the world, including investor-state disputes. Alongside her independent practice as an advocate, arbitrator and mediator, she is a Judge in the Court of Appeal of the DIFC Courts.
Sapna has practised in London, New York, Dubai and Singapore, and is called to the Bar in England & Wales, Singapore and the British Virgin Islands. She holds an undergraduate degree from Oxford University, and a diploma in international commercial arbitration from Queen Mary University, London, in which she graduated with distinction. She was recognised by Asian Legal Business as one of Asia’s top 15 female lawyers.
Sapna is a member of the Panel of Advisors to the Attorney-General of Singapore and was International Legal Counsel at the Attorney-General’s Chambers for three years from 2021 to 2024. Sapna is also a Chartered Arbitrator and Fellow of the Chartered Institute of Arbitrators.
Mr Jeffery Tan | Chairman of SGListCos and former Group General Counsel of Jardine Cycle and Carriage
Jeffery Tan is an experienced legal, governance, and business leader with more than 30 years of experience across private practice, multinational corporations, public company governance, and the non-profit sector. He currently serves as Chairman of SGListCos, the association representing publicly listed companies in Singapore, and is a member of the Global Guiding Council of One Mind, a leading international mental health organisation. He is also the former Chief Executive Officer of MINDSET, the registered mental health charity of Jardine Matheson in Singapore.
Jeffery retired recently from Jardine Cycle and Carriage (JCC) after a decade as Group General Counsel, Chief Sustainability Officer, Director of Legal & Corporate Affairs and Company Secretary. During his tenure, he was responsible for legal, governance, compliance, sustainability, communications and public affairs matters across the Group.
Prior to joining Jardine Matheson’s JCC, Jeffery was Group General Counsel, Chief Compliance Officer and Board Secretary of UTAC Holdings Ltd. His career has included senior leadership roles with Allen & Gledhill, DLA Piper, Siemens and Motorola. He also served in a commercial role as President of Motorola Singapore for five years. A strong advocate of corporate governance, sustainability and mental wellness, Jeffery has contributed extensively to the business and community sectors. His previous appointments include serving on the board of the Singapore International Chamber of Commerce, where he chaired its Nominating Committee, as well as on the boards of MindForward Alliance Singapore and Youth Tech SG.
Jeffery holds an LLB (Honours) from the National University of Singapore. He is a Senior Advocate & Solicitor of the Supreme Court of Singapore, a Senior Solicitor of England & Wales, and a Senior Accredited Director of the Singapore Institute of Directors. He has also completed executive education programmes at the Kellogg School of Management and the MIT Sloan School of Management.
Ms Josephine Hadikusumo | Managing Partner, CJ Liew & Co and Member, Board of Directors, Singapore International Mediation Institute
Josephine W. Hadikusumo is the Managing Partner of CJ Liew & Co, where her practice focuses on mediation, technology and corporate law. She is an Advocate and Solicitor of the High Court of Sabah and Sarawak and holds law degrees from the University of Melbourne (LLB) and Bond University (LLM).
With over 18 years of mediation experience, Josephine is one of the region’s leading mediation practitioners, trainers and assessors. She founded the Asia Mediation Centre, the first mediation centre in East Malaysia, and has been instrumental in developing mediation practice and accreditation in Sabah. She serves as a Mediator, Trainer and Examiner for mediation accreditation programmes conducted by both the Asia Mediation Centre (AMC) and the Singapore Mediation Centre (SMC) and has trained and assessed mediators across the region.
Josephine serves on the Board of the Singapore International Mediation Institute (SIMI) and has contributed internationally through the Hong Kong International Arbitration Centre (HKIAC) and the United Nations Commission on International Trade Law (UNCITRAL). She is also President of The Society of Hope Sabah, a non-profit organisation dedicated to improving educational opportunities for underprivileged children.
Assistant Solicitor General Jane E. Yu | Office of the Solicitor General, Republic of the Philippines
Jane E. Yu is an Assistant Solicitor General (ASG) at the Office of the Solicitor General (OSG) of the Republic of the Philippines where she specialises in International Dispute Resolution. Her portfolio includes international dispute settlement of investment disputes, treaty negotiations and treaty review. She is one of the pioneers who established the practice of international investment arbitration at the OSG. She represents the Republic of the Philippines and supervises teams of OSG lawyers in high stakes international arbitration proceedings involving PPP (Public-Private Partnerships) projects, Joint Venture Agreements and government contracts involving airports, public utilities, water concessions, toll roads, mass transportation, gaming licenses and supply contracts before ICSID, the ICC and in ad hoc arbitrations before the PCA. She also acts as legal advisor to Philippine government agencies involved in investment treaty negotiations. She is the Alternative Representative/Negotiator to UNCITRAL Working Group III on the Reform of Investor-State Dispute Settlement.
She assisted in the presentation of the Philippines’ position on the reform of the ICSID Rules on annulment proceedings at the World Bank. She also assisted in drafting the IBA Rules on Investor-State Mediation. She also peer reviewed the Manual for Investment Treaty Negotiators under the auspices of the UNCTAD and APEC.
ASG Yu is a two-time recipient of the Solicitor General’s Award. She was also the first runner-up of the Gawad Nestor J. Ballacillo for Outstanding Service at the OSG. She was also a recipient of a citation for Outstanding Legal Service to the Executive by the Office of the President. She earned her Master of Laws degree at the Queen Mary University of London where she specialised in international dispute settlement. She teaches international negotiations and conflict resolution and international arbitration in universities in the Philippines.
Ms Frauke Nitschke | Chief Counsel, ICSID (International Centre for Settlement of Investment Disputes)
Frauke Nitschke is a Chief Counsel at the International Centre for Settlement of Investment Disputes (ICSID). Frauke serves as the team lead for ICSID staff handling proceedings in English. Frauke also serves as Secretary of tribunals, conciliation commissions, mediators and ad hoc committees in investor-State proceedings conducted pursuant to the ICSID Convention, the ICSID Additional Facility Rules and ICSID Mediation Rules. Frauke further leads ICSID’s investor-State mediation activities, including the drafting of the 2022 ICSID Mediation Rules and amendments to ICSID’s conciliation frameworks. Frauke has conducted investment mediation skills trainings for practitioners, mediators and government officials. Frauke regularly speaks at international conferences on investment dispute settlement and chaired ICSID’s Investment Mediation Insights webinar series. Prior to joining ICSID, Frauke served in the World Bank’s Legal Vice Presidency and the Inspection Panel. Frauke is fellow of the Weinstein JAMS International Fellowship Program and an accredited mediator. She is admitted to the D.C. and New York State Bars and holds a law degree from the Freie Universität Berlin, an LLM from Georgetown University Law Center, and a master’s degree in psychology from the FernUniversität Hagen
MODERATOR
Celine Lange | Lead, International Dispute Resolution Programme, Centre for International Law (CIL), at the National University of Singapore (NUS)
Celine Lange is leading the development of the International Dispute Resolution programme at the Centre for International Law (CIL), National University of Singapore (NUS). She graduated with a LLM from NUS, where she specialised in International Arbitration and Dispute Resolution. Prior to joining CIL, Celine worked in private practice, at the Arbitration Chambers Singapore, and previously at the European Court of Human Rights in Strasbourg. Celine has lived in New York as well, where she worked at Columbia University Law School to assist a Professor of Constitutional Rights. Celine is a SIMI accredited mediator (Singapore International Mediation Institute).
1.5 Public CPD Points
Practice Area: International Law
Training Category: General
Participants who wish to obtain CPD Points are reminded that they must comply strictly with the Attendance Policy set out in the CPD Guidelines. For this activity, this includes signing in on arrival and signing out at the conclusion of the activity in the manner required by the organiser, and not being absent from the entire activity for more than 15 minutes. Participants who do not comply with the Attendance Policy will not be able to obtain CPD Points for attending the activity. Please refer to http://www.sileCPDcentre.sg for more information.
Admission is free of charge. Reserve your seat here!