Thirty-three countries sign Convention to launch the International Organization for Mediation in Hong Kong

On 30 May 2025, 33 countries – primarily from Asia, Africa, and Latin America – jointly signed the Convention on the Establishment of the International Organization for Mediation (IOMed) in Hong Kong. Headquartered in Hong Kong, the IOMed will focus on settling international disputes – including state-to-state, investor-state, and commercial disputes – through mediation. This article outlines the structure and key provisions of the Convention.

Background

The negotiation process leading up to the Convention involved multilateral discussions among various states, international legal experts, and mediation institutions. Over several years, these stakeholders collaborated to create a formalised multilateral legal framework to enhance the accessibility, efficiency, and credibility of mediation in resolving international disputes. Key issues debated during negotiations included the IOMed’s structure, scope of authority, standards for mediators, and mechanisms for cross-border cooperation.

The IOMed is regarded by its signatories as a mechanism to implement Article 33 of the UN Charter, which promotes the peaceful settlement of international disputes through mediation, arbitration, judicial settlement, and other means.

Overview of the Convention

The Convention consists of 63 articles organised into 11 chapters, providing a comprehensive legal framework for the establishment and operation of the IOMed. It details the organisation’s governance, including the roles and responsibilities of its main bodies. The Convention defines the scope of IOMed’s authority in facilitating mediation across various types of international disputes. It also sets standards for mediator qualifications and procedural rules to ensure effective dispute resolution. Additionally, the Convention covers operational matters, including funding, privileges, immunities, and mechanisms for international cooperation to support cross-border mediation.

The Convention establishes the following key rules:

• The IOMed possesses international legal personality and is open to membership by all states and regional integration organisations.
   
• Mediation services are offered for three types of international disputes submitted by mutual consent before or after a dispute arises: (i) state-to-state disputes; (ii) commercial or investment disputes between a state or international organisation (IO) and a national of another state (investor-state disputes); and (iii) disputes arising from international commercial relationships between private parties.
   
• The IOMed may also provide mediation services to non-contracting states or IOs upon their request.
   
• Key principles under the Convention include respect for sovereignty and territorial integrity, equality, non-interference in internal affairs of states, commitment to the international rule of law, good faith, and party autonomy.
   
• The Governing Council, composed of one representative from each contracting state, serves as the decision-making body, responsible for adopting mediation rules and codes of conduct. The Secretariat implements its decisions and acts as the legal representative.
   
• Two Panels of Mediators are maintained: one for state-to-state disputes and another for other disputes. Mediators are designated by contracting states and the Governing Council, and must be recognized experts in fields such as law, commerce, industry, or finance. State-to-state mediators should also have expertise in international law, diplomacy, international relations, or political and economic affairs, along with political skills and judgment.
   
• Mediation proceedings follow the principles of voluntariness, impartiality, independence, good faith, efficiency, cost-effectiveness, and confidentiality.
   
• Mediation under the Convention remains available at any time, even if other dispute resolution processes like arbitration have begun, without affecting parties’ rights to other dispute resolution methods. Parties may agree to suspend applicable limitation periods during mediation as permitted by law.
   
• Finally, the IOMed, its property, and assets enjoy necessary privileges and immunities within contracting states. Representatives and officials also enjoy such immunities to perform their functions independently. Mediators, parties, agents, counsel, witnesses, and experts generally have immunity from personal arrest or detention and from seizure of personal baggage while performing their functions, as well as immunity from legal process related to their mediation activities.

Comment

Following internal ratification, acceptance, or approval of the Convention by at least three signatories, the IOMed will become the world’s first intergovernmental legal organisation for international dispute settlement through mediation. By providing a formalised and accessible framework, the IOMed is expected to enhance cooperation among stakeholders and promote mediation as an alternative dispute resolution method. Its establishment marks a notable step toward creating a specialized international framework for mediation, involving countries with diverse perspectives on dispute resolution.

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