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Part III Subject-Matter Mediation of Commercial and Investment Disputes, 12 Mediating Sovereign Debt Disputes

Calliope M. Sudborough

From: Mediation in International Commercial and Investment Disputes

Edited By: Catharine Titi, Katia Fach Gómez

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 21 October 2020

Investor — Debts — Arbitration — Mediation

In response to the limitations of adjudicating disputes arising out of public debt and the resulting underdeveloped international body of law on sovereign defaults, creditors have filed a growing number of investor-state treaty arbitrations to collect unpaid debts, prompting a shower of criticisms and concerns. This chapter discusses a still-unexplored means for resolving sovereign debt claims: mediation. It explains how mediation differs as a process from judicial litigation and private arbitration, producing very distinct outcomes. Specifically this chapter argues that mediation should be explored as a viable option for resolving sovereign debt disputes in a cost and time efficient manner that could support economic recovery and continued investment.

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