In this Think Resolution episode, Foley’s List barrister David Kim speaks with Yukiho Kashimoto about her PhD research exploring the potential integration of mediation into Investor-State Dispute Settlement.

They discuss how mediation could provide greater opportunities for affected local communities to participate in disputes between foreign investors and states, including the challenges of balancing competing interests, ensuring transparency and improving access to remedies.

David Kim has a broad commercial litigation practice with extensive experience in both State and Federal jurisdictions. David is also an accredited advanced mediator (AMDRAS) and a Specialist Mediator with the Singapore International Mediation Centre (SIMC). He has undergone mediation training in Australia, Singapore and the US.

He is a Fellow of CIArb (member of the East Asia and Australian Branches), ACICA (arbitration & mediation), the Resolution Institute (arbitration & mediation), ICC (arbitration), Council of Australian Tribunals, and the International Association of Korean Lawyers.

Yukiho Kashimoto is a PhD Candidate at the University of Zurich. Her research explores the integration of mediation into Investor-State Dispute Settlement (ISDS), particularly its potential to facilitate third-party participation and improve access to remedies for communities affected by foreign investment.

Episode Length: ~55 Minutes 
(Note: Listeners are eligible for 1CPD point per 60 minutes of Think Foley's content).

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