Derains & Gharavi, in line with its avant-garde and innovative approach, encourages the development of alternative dispute resolution mechanisms, which is why it has launched an ad-hoc standing mediation platform – see Hamid Gharavi’s article published on GAR and the GAR commentary on this platform.
This platform designed for investment as well as commercial (including sport) disputes may thus be proposed by investors to States in cooling-off notice periods under BITs or by States in responses thereto, or by parties in post commercial agreement disputes.
This ad-hoc standing mediation platform comprises the firm’s two founding and culturally diverse partners, namely Yves Derains and Hamid Gharavi, who have sat as President, Sole Arbitrator and Co-Arbitrator, or have acted as counsel in over 600 arbitrations, including in over 75 investor-State arbitrations, with a balanced track record of diverse representations and nominations that showcase their experience for purposes of settlement negotiations.
Yves Derains and Hamid Gharavi may be invited, under strict confidentiality, to act jointly or separately or with one of the firm’s pool of practitioners or with personalities outside the firm as conciliators and mediators pursuant to the firm’s own ad hoc mediation rules on a case-by-case basis, or under other institutional mediation rules.
The firm’s tailored ad hoc mediation rules were enacted and driven by practical considerations of form and substance. These rules contain certain provisions specific to investment arbitration and otherwise contemplate the potential involvement in the process of interested/related third parties. They moreover provide for a single all-in-one or two confidential mediation phases that can be concluded within a few months, whether prior, or in parallel to any suspended or ongoing arbitration. D&G’s Mediation Rules are to date available in French and English via the following links: