What does that distinction entail?
In 2020, as the pandemic was already well underway, the European Union (EU) issued an international call to include lists (covering various topics) of arbitrators for disputes between the EU and third countries in its trade agreements.
First, a panel of evaluators was formed, comprising individuals with recognized international expertise in the fields of arbitration, international law, and commerce, among others, who reviewed the applications of those of us who applied.
In December 2021, I was notified that following the evaluation process (which took into account merit, experience, and professional background), the European Commission had finalized the selection process and I had been included on that list.
What responsibilities does this distinction entail?
This entails being appointed to chair arbitration panels for future disputes. The role of arbitrator carries with it the responsibility of conducting arbitration proceedings in accordance with certain rules that are already part of international arbitration, including transparency, impartiality, and independence.
What kinds of disputes might you have to arbitrate?
Arbitration cases involve disputes over a variety of commercial and sustainable development issues between the EU and countries outside the region, requiring a legal resolution that can then be enforced to ensure compliance with those international trade agreements.
Once again, in this case, the issue at hand is arbitration, not mediation, as a tool for resolving international disputes.
Can you give an example of a situation where mediation successfully resolved a conflict?
Mediation is a process that brings parties together when they have no prior relationship. It involves a mediator (not an arbitrator) facilitating dialogue between them so that, through the use of various communication and negotiation techniques, the parties themselves can reach an agreement or at least gain a better understanding of the conflict.
At the international level, mediation differs depending on whether the disputes involve states or private individuals. Confidentiality is important, so the details are rarely made public. Generally, mediation is used in commercial and civil matters or in family law cases. International instruments focus more on the former (the UNCITRAL Model Law, the UNCITRAL Mediation Rules, and the Singapore Convention).
There are countless examples of mediation. In this regard, one can refer to the cases handled by the World Intellectual Property Organization (WIPO). These include issues related to the pharmaceutical industry, the automotive sector, patents, the aviation industry, trademark coexistence, and so on.