TDM Call for Papers - Dispute Prevention in ISDS: Comparative Approaches, Institutional Innovations, and Digital Tools

Transnational Dispute Management (TDM, ISSN 1875-4120) https://www.transnational-dispute-management.com/news.asp?key=2086

Editors Dr. Yulia Levashova MCIArb, Agata Zwolankiewicz, Dr. Pascale Accaoui Lorfing, and Kiran Nasir Gore hereby invite contributions for a Transnational Dispute Management (TDM, ISSN 1875-4120) Special Issue exploring the diverse approaches adopted by legal and institutional systems for the prevention and mitigation of investor-State disputes, with a particular emphasis on comparative perspectives between Eastern and Western contexts.

A key area of reform identified by UNCITRAL's Working Group III is investment mediation and dispute prevention. As a dispute prevention mechanism and as an alternative to investor-State arbitration, mediation has gained the most attention in the literature. However, despite its theoretical advantages, mediation remains underutilised in investment disputes, partly due to the absence of publicly available data to either confirm or challenge the perception that States are reluctant to settle disputes. While mediation may not yet serve as a universal solution, its limited practical application to date raises significant questions about its potential role in investor-State dispute resolution. Alongside mediation, other tools have been adopted at both national and international levels to prevent and mitigate investment disputes, such as the World Bank's Systemic Investor Response Mechanism (SIRM), which also merit further exploration.

Institutional initiatives, such as the ICSID Mediation Rules and UNCITRAL Mediation Guidelines, have sought to advance investment mediation and early resolution mechanisms. However, the gap between these theoretical frameworks and their real-world implementation highlights critical issues related to legal culture, institutional preparedness, and the evolving dynamics of investor-State relationships. This Special Issue seeks to examine these issues in depth, offering insights into the barriers and opportunities for mediation and dispute prevention.

In addition to mediation, this Special Issue will explore various methods and strategies for early risk identification and the prevention of ISDS disputes. Topics include the role of due diligence frameworks-particularly in the context of expanding environmental, social, and governance (ESG) obligations-political risk insurance as a tool for dispute prevention, and the function of ombudsman systems. The Special Issue will also assess the emerging role of artificial intelligence (AI) in dispute prediction and prevention, examining how technological advancements can support states and investors in managing disputes proactively.

By addressing these themes, this Special Issue aims to provide a comprehensive analysis of the challenges and opportunities associated with investment mediation and dispute prevention. We welcome submissions that contribute to a deeper understanding of these mechanisms and propose ways to enhance their effectiveness and global adoption. Submissions may address, but are not limited to, the following topics:

• Comparative approaches to investor-State dispute prevention across legal systems.

• Regional approaches to dispute prevention (regional agreements can also be the subject of a paper).

• Conciliation and negotiations in investor-State disputes.

• Cooling-Off Periods in investor-State disputes.

• The effectiveness of dispute prevention mechanisms adopted in various jurisdictions (on national and international levels, such as for example the World Bank's Systemic Investor Response Mechanism.

• The influence of ESG obligations on dispute prevention strategies.

• The application of AI and technological tools in predicting and preventing disputes.

• Broader implications for legal culture, institutional readiness, and investor-state relations.

• Stakeholder consultations in the legislative process affecting FDI.

• Technical assistance to developing States in managing investment relationships (e.g. the creation of an Advisory Centre on International Investment Dispute Resolution).

• Bilateral and multilateral investment facilitation frameworks.

• State's Institutional frameworks for strengthening for dispute avoidance.

• Preventive diplomacy and State-State consultations.

• Amicus curiae briefs.

• Transparency under the UNCITRAL Rules on Transparency in Treaty-based Investor-State Arbitration.

• Stabilization Clauses, Risk Insurance, and Dispute Prevention in Investor Strategy.

We encourage diverse perspectives and interdisciplinary approaches to foster a comprehensive dialogue on these critical issues.

Timeline and submission guidelines:

Proposals, along with authors' profiles (150-200 words), should be submitted to the editors and copied to info@transnational-dispute-management.com. The deadline for submission of abstracts is Wednesday, October 1, 2025.