Sri Lanka’s Moot Court Bench hosts world’s only Investor-State Mediation competition

Efficient and robust dispute resolution mechanisms are imperative to promote foreign investments in a state, and with Sri Lanka steadily recovering from an economic crisis, this is of vital importance in creating an investor-friendly environment. Investor-State Mediation (ISM) is an Alternative Dispute Resolution (ADR) mechanism that provides host states and foreign investors with a high degree of autonomy, flexibility, and choice when navigating any disputes that may arise. Embracing ISM has the potential to facilitate international investment, safeguard enduring partnerships, and alleviate the strain on formal legal systems caused by extensive litigation.

The Moot Court Bench (MCB)  in Sri Lanka has always looked at ways to evolve and prepare for what comes next, and considering how relevant Mediation and Investor-State Dispute Settlement are for potential Investors, the initiative was taken to cater to these topics through a channel that opens lines of learning and discussion around them.

With the aim of advocating for the enhanced visibility, awareness, and scope for ISM locally and internationally, the MCB in Sri Lanka, took the initiative to inaugurate The International Investor-State Mediation Competition, IIMC Colombo, for the first time, virtually, last year. IIMC Colombo is the world’s first and only Investor-State Mediation Competition, focused on providing a platform for university teams to compete and network with other teams and mediation professionals from around the globe. Building on the foundations laid in 2022, this year, IIMC Colombo 2023, successfully concluded on 27 August, hosting 14 negotiator teams, 7 mediator teams, over 60 students, and 20+ expert assessors from over 12 countries, in-person in the heart of Colombo, Sri Lanka.

The Moot Court Bench is Sri Lanka’s first fully integrated legal advocacy training platform, focused on enhancing the overall standards of the future of the legal profession. The MCB has been broadening the minds of undergraduates and professionals around the island and around the world with special emphasis on International Mediation and Negotiation, International Commercial Arbitration, and International Trade Law, since 2020. A principal objective of the MCB in Sri Lanka, especially through its Mediation Program, has been to kick-start and promote mediation in the country, by broadening the pool of trained mediators and mediation advocates, both locally and globally. 

With the theme of going “Beyond a Competition” at its core, IIMC Colombo 2023 aimed to deliver a holistic learning experience in ISM. This included Panel Discussions, networking sessions, and cultural events on the agenda, in addition to thrilling competition rounds. 

The cases for IIMC’s competition rounds were drafted by the competition’s very own Drafting Committee, co-chaired by Greg Bond and Sophie Tkemaladze, international mediators of great renown. 

After an exciting set of competition rounds, the Negotiator Team from the University of Vienna, Austria and the Mediator Team from West Bengal National University of Juridical Sciences, India emerged as the Winners at IIMC Colombo 2023. The Runners-Up Negotiator Team and Mediator Team titles were awarded to the teams from O.P. Jindal Global University, India and the University of Vienna, Austria, respectively. 

Supporting organisations such as the United Nations Commission on International Trade Law Regional Centre for Asia and the Pacific (UNCITRAL RCAP), the International Centre for Settlement of Investment Disputes (ICSID), the International Mediation Institute (IMI) together with The Young Mediator’s Initiative (YMI), the Hong Kong International Arbitration Centre (HKIAC), and JAMS ADR came on board to partner with this initiative. IIMC was also advocated for by Jus Mundi, as the official Research Partner, providing free access to Jus Mundi Legal Research to all IIMC participants. Edwards Mediation Academy, International Mediation Campus, and Accords International joined in partnership with IIMC as Education Partners, and winners of the competition were awarded scholarships for mediation training courses offered by these institutions.

This year, local brands and organisations also collaborated with IIMC to offer attendees a truly immersive and enriching Sri Lankan experience. Sri Lanka’s national carrier, SriLankan Airlines joined hands with IIMC as the Official Airline Partner, and Kangaroo Cabs as the Official Transport Partner. In addition, Dilmah, Spa Ceylon, and Lak Medura joined in as esteemed Brand Partners, while Cinnamon Hotels and Resorts, Jetwing Travels, Jetwing Hotels, Ramada by Wyndham Colombo, MaRadha Colombo, The Ocean Colombo, and Hostel Republic joined in as Hospitality Partners. Exclusive offers and special discounts were provided to IIMC attendees by these local partners. 

During IIMC's first Panel Discussion on the future and sub-structures of ISM, RHTLaw Asia of Singapore Partner Anil Changaroth offered his unique interpretation of Alternative Dispute Resolution – commonly abbreviated as “ADR” – aptly rephrasing it as ‘Appropriate’ Dispute Resolution. He enunciated the importance of challenging the “default” methods of resolving a dispute such as the lengthy and rigid process of litigation, especially considering the intricacies of the Investor-State disputes, and this succinctly captures the spirit of IIMC. 

The MCB, by organising IIMC Colombo 2023, successfully managed, not only to provide young mediation enthusiasts around the world a platform to compete and learn from the best in the field, but also set the stage for experienced mediators and mediation advocates to gather and engage in important dialogues to challenge existing norms and to build, develop, and enhance the scope of ISM, right here in Colombo, ensuring that Sri Lanka will always be at the cutting-edge of this exciting area of law. 

As future legal professionals and practitioners are moulded through such competitions, they are poised and well-equipped to shape the future of ISM and contribute to more efficient, cost-effective, and consensual dispute resolution mechanisms on the global stage. 

IIMC Colombo, being an annual event, is set to return even bigger, in 2024.