Mediating Sovereign Debt Disputes

Calliope Makedon Sudborough

Des 2023 · European Yearbook of International Economic Law Kitabu cha 35 · Springer Nature

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This book provides a fresh perspective on resolving sovereign debt disputes within the investor-state mediation framework. In response to the limitations of traditional approaches to adjudicating public debt issues and the resulting gaps in international law concerning sovereign defaults, creditors have increasingly turned to investor-state treaty arbitrations to recover unpaid debts. However, this shift has raised numerous criticisms and concerns.

Accordingly, this book explores the uncharted territory of utilizing mediation as a means to settle sovereign debt claims. It sheds light on the distinctive characteristics of mediation as a process, setting it apart from judicial litigation and private arbitration, and emphasizing the unique outcomes it can generate. The central argument of this book is that mediation should be seriously considered as a viable option for resolving sovereign debt disputes. Not only does it offer a more cost-effective and expeditious approach, but it also has the potential to facilitate economic recovery and sustain continued investment.

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Dr. Calliope M. Sudborough serves as an Assistant Professor in International Negotiation and is the Academic Director of the Double Degree International Business & Law program at IÉSEG School of Management in Paris, France. Her extensive expertise is reflected in her courses on negotiation and contracts law. She earned her doctorate in law from the Université Paris II Panthéon-Assas and holds a J.D. from Suffolk University Law School in Boston, Massachusetts, where she was admitted to the Bar of New York in 2008.

Dr. Sudborough is also a trained mediator and formerly served as the Co-Chair of the International Mediation Committee of the American Bar Association. During her tenure as Deputy Manager of the International Centre for ADR at the International Chamber of Commerce (ICC) from 2009 to 2016, she oversaw a multitude of commercial dispute resolution proceedings, including mediations involving state parties. Her contributions extended to founding and conceptualizing the Annual ICC International Mediation Conference in 2010, creating a platform for international companies to discuss dispute management strategies that foster better business practices and advocating for a more problem-solving-oriented approach within the legal profession, as opposed to traditional litigation.

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