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2025-06-05

Establishing IOMed in HK: A Milestone for Global Mediation

On 30 May 2025, a momentous development in the field of international law and dispute resolution took place in Hong Kong with the signing of the Convention on the Establishment of the International Organization for Mediation, commonly referred to as the IOMed Convention. This historic event marked the official creation of the International Organization for Mediation (IOMed), the first intergovernmental institution dedicated exclusively to the use of mediation as a means of settling international disputes.

1.jpg

The establishment of IOMed reflects a growing global consensus on the need for more collaborative, flexible, and amicable approaches to resolving international conflicts. Against the backdrop of increasing geopolitical complexity and the limitations of traditional adjudicative mechanisms, the inauguration of IOMed signals a shift toward mediation as a credible and effective alternative.

A Collaborative Global Effort



The road to the establishment of IOMed was paved by sustained multilateral collaboration and shared commitment to peaceful dispute settlement. The initiative formally began in 2022, when China and several like-minded states issued a joint statement expressing their intention to establish a new international organization that would focus solely on mediation. This declaration laid the diplomatic foundation for what would later become the IOMed Convention.

On 16 February 2023, the Preparatory Office of IOMed was inaugurated in Hong Kong. This office assumed responsibility for organizing and coordinating the drafting process of the IOMed Convention, which took place through a series of intergovernmental negotiation sessions. The first session was held in May 2023 in Hong Kong, followed by a series of further sessions between October 2023 and June 2024, held in both Hong Kong and Macau. The drafting process culminated in the fifth session, held from 14 to 17 October 2024 in Hong Kong, during which participating delegations successfully finalized the text of the IOMed Convention and agreed to hold the signing ceremony in Hong Kong in 2025.

The signing ceremony in May 2025 was attended by 33 states across various regions, including Asia, Africa, Latin America, and Europe. China, as one of the key initiators of the initiative, will serve as the depository of the Convention. Representatives from over 50 additional countries and nearly 20 international organizations, including the United Nations, participated in the occasion, underscoring the international community’s recognition of the importance of mediation in resolving global disputes.

Hong Kong as the Permanent Seat of IOMed



The decision to establish IOMed’s headquarters in Hong Kong is both symbolic and strategic. With its well-established common law system, strong legal infrastructure, and globally respected judiciary, Hong Kong offers an ideal environment for an institution devoted to rules-based international cooperation. The city’s geographical and cultural position as a bridge between East and West further enhances its suitability as a global center for mediation.

The headquarters will be located in a historically significant four-story building exceeding 5,000 square meters in size. According to recent announcements, IOMed is expected to begin its formal operations by the end of 2025. The presence of IOMed will complement the work of existing arbitration institutionsand further reinforce the city’s stature as a leading destination for international dispute resolution.

The Structure and Functions of IOMed



The IOMed Convention sets out a comprehensive framework governing the organization’s structure, principles, and operations. The organization is endowed with international legal personality, enabling it to function autonomously in the international legal system. It also enjoys privileges and immunities necessary for the independent and effective discharge of its mandate.

At the core of IOMed’s guiding philosophy are principles such as respect for state sovereignty, non-interference in domestic affairs, equality of states, and adherence to the international rule of law. The IOMed Convention emphasizes the importance of party autonomy, cooperation, and good faith in the mediation process. It also seeks to ensure that mediation is conducted in a neutral, impartial, and efficient manner.

IOMed will be governed by a Governing Council composed of representatives from each contracting state. This Council will provide policy direction and meet annually to review the progress and priorities of IOMed. The day-to-day administration of the organization will be managed by a Secretariat, led by a Secretary-General, who is responsible for implementing the Council’s decisions and overseeing mediation activities.

Mediation Services and Panels of Mediators



IOMed will provide mediation services for a broad range of international disputes. These include disputes between states, disputes between states and nationals of other states, and complex commercial disputes involving private parties with cross-border elements. All mediation proceedings will require the consent of the parties involved and will be conducted in accordance with principles of voluntariness, neutrality, and confidentiality.

To support its work, IOMed will maintain two distinct panels of mediators. One panel will handle disputes between states, while the other will address investor-state and commercial disputes involving private entities. Contracting states may nominate qualified individuals to these panels, with founding members permitted to designate a larger number of mediators. Mediators must be of high moral standing and possess recognized expertise in fields such as law, international relations, commerce, or diplomacy. The IOMed Convention also requires that diversity in legal traditions, geography, and gender be taken into account when appointing mediators.

Procedural Safeguards and Confidentiality



The IOMed Convention provides detailed provisions on the conduct of mediations. Mediators are required to disclose any conflicts of interest and to act fairly and independently at all times. The Governing Council will adopt formal procedural rules and a code of conduct to guide mediators in their work. Mediation proceedings will be strictly confidential, and the use of any statements or documents from mediation in other legal proceedings is prohibited, except under limited circumstances.

One of the most important features of the IOMed Convention is the clear delineation of the legal status of settlement agreements. Agreements reached through IOMed mediation will be documented in writing and authenticated by the Secretary-General. These agreements will be binding upon the parties and are to be performed in good faith. Although the IOMed Convention does not itself create a direct enforcement mechanism, it provides for the negotiation of a supplementary protocol to address the enforcement of settlement agreements, particularly in the context of international commercial disputes. This will complement existing frameworks such as the Singapore Convention on Mediation.

Towards a New Era of Dispute Resolution



The creation of IOMed represents a significant evolution in the architecture of international dispute settlement. By focusing exclusively on mediation, IOMed fills a crucial gap between diplomacy and adjudication. It offers a platform where states and private actors can resolve complex disputes through constructive dialogue rather than adversarial confrontation.

Looking ahead, IOMed is expected to play a vital role in resolving disputes in sectors such as energy, technology, infrastructure, and digital trade. It may also be called upon to address environmental, territorial, and investor-state disputes, as well as emerging challenges related to climate change and intellectual property.

As IOMed prepares to commence operations in Hong Kong, it stands as a powerful example of how international cooperation, legal innovation, and institutional design can come together to promote peace and stability. The establishment of IOMed is not only a historic achievement for multilateral diplomacy but also a promising step forward in building a more harmonious and rules-based international order.

Edward Liu is an accredited mediator with the Hong Kong Mediation Accreditation Association Limited (HKMAAL), and also serves as a registered mediator with both the eBRAM International Online Dispute Resolution Centre and the APEC Panel of Neutrals. As a member of the Department of Justice’s Expert Advisory Group on Legal and Dispute Resolution Services in Hong Kong, he was invited to contribute to the drafting of the Investment and Commercial Mediation Rules for IOMed, and to attend the signing ceremony of the IOMed Convention and related forum events.

國際調解院在香港成立——全球調解機制發展的重要里程碑-2_副本.png
Establishing IOMed in HK: A Milestone for Global Mediation

On 30 May 2025, a momentous development in the field of international law and dispute resolution took place in Hong Kong with the signing of the Convention on the Establishment of the International Organization for Mediation, commonly referred to as the IOMed Convention. This historic event marked the official creation of the International Organization for Mediation (IOMed), the first intergovernmental institution dedicated exclusively to the use of mediation as a means of settling international disputes.

1.jpg

The establishment of IOMed reflects a growing global consensus on the need for more collaborative, flexible, and amicable approaches to resolving international conflicts. Against the backdrop of increasing geopolitical complexity and the limitations of traditional adjudicative mechanisms, the inauguration of IOMed signals a shift toward mediation as a credible and effective alternative.

A Collaborative Global Effort



The road to the establishment of IOMed was paved by sustained multilateral collaboration and shared commitment to peaceful dispute settlement. The initiative formally began in 2022, when China and several like-minded states issued a joint statement expressing their intention to establish a new international organization that would focus solely on mediation. This declaration laid the diplomatic foundation for what would later become the IOMed Convention.

On 16 February 2023, the Preparatory Office of IOMed was inaugurated in Hong Kong. This office assumed responsibility for organizing and coordinating the drafting process of the IOMed Convention, which took place through a series of intergovernmental negotiation sessions. The first session was held in May 2023 in Hong Kong, followed by a series of further sessions between October 2023 and June 2024, held in both Hong Kong and Macau. The drafting process culminated in the fifth session, held from 14 to 17 October 2024 in Hong Kong, during which participating delegations successfully finalized the text of the IOMed Convention and agreed to hold the signing ceremony in Hong Kong in 2025.

The signing ceremony in May 2025 was attended by 33 states across various regions, including Asia, Africa, Latin America, and Europe. China, as one of the key initiators of the initiative, will serve as the depository of the Convention. Representatives from over 50 additional countries and nearly 20 international organizations, including the United Nations, participated in the occasion, underscoring the international community’s recognition of the importance of mediation in resolving global disputes.

Hong Kong as the Permanent Seat of IOMed



The decision to establish IOMed’s headquarters in Hong Kong is both symbolic and strategic. With its well-established common law system, strong legal infrastructure, and globally respected judiciary, Hong Kong offers an ideal environment for an institution devoted to rules-based international cooperation. The city’s geographical and cultural position as a bridge between East and West further enhances its suitability as a global center for mediation.

The headquarters will be located in a historically significant four-story building exceeding 5,000 square meters in size. According to recent announcements, IOMed is expected to begin its formal operations by the end of 2025. The presence of IOMed will complement the work of existing arbitration institutionsand further reinforce the city’s stature as a leading destination for international dispute resolution.

The Structure and Functions of IOMed



The IOMed Convention sets out a comprehensive framework governing the organization’s structure, principles, and operations. The organization is endowed with international legal personality, enabling it to function autonomously in the international legal system. It also enjoys privileges and immunities necessary for the independent and effective discharge of its mandate.

At the core of IOMed’s guiding philosophy are principles such as respect for state sovereignty, non-interference in domestic affairs, equality of states, and adherence to the international rule of law. The IOMed Convention emphasizes the importance of party autonomy, cooperation, and good faith in the mediation process. It also seeks to ensure that mediation is conducted in a neutral, impartial, and efficient manner.

IOMed will be governed by a Governing Council composed of representatives from each contracting state. This Council will provide policy direction and meet annually to review the progress and priorities of IOMed. The day-to-day administration of the organization will be managed by a Secretariat, led by a Secretary-General, who is responsible for implementing the Council’s decisions and overseeing mediation activities.

Mediation Services and Panels of Mediators



IOMed will provide mediation services for a broad range of international disputes. These include disputes between states, disputes between states and nationals of other states, and complex commercial disputes involving private parties with cross-border elements. All mediation proceedings will require the consent of the parties involved and will be conducted in accordance with principles of voluntariness, neutrality, and confidentiality.

To support its work, IOMed will maintain two distinct panels of mediators. One panel will handle disputes between states, while the other will address investor-state and commercial disputes involving private entities. Contracting states may nominate qualified individuals to these panels, with founding members permitted to designate a larger number of mediators. Mediators must be of high moral standing and possess recognized expertise in fields such as law, international relations, commerce, or diplomacy. The IOMed Convention also requires that diversity in legal traditions, geography, and gender be taken into account when appointing mediators.

Procedural Safeguards and Confidentiality



The IOMed Convention provides detailed provisions on the conduct of mediations. Mediators are required to disclose any conflicts of interest and to act fairly and independently at all times. The Governing Council will adopt formal procedural rules and a code of conduct to guide mediators in their work. Mediation proceedings will be strictly confidential, and the use of any statements or documents from mediation in other legal proceedings is prohibited, except under limited circumstances.

One of the most important features of the IOMed Convention is the clear delineation of the legal status of settlement agreements. Agreements reached through IOMed mediation will be documented in writing and authenticated by the Secretary-General. These agreements will be binding upon the parties and are to be performed in good faith. Although the IOMed Convention does not itself create a direct enforcement mechanism, it provides for the negotiation of a supplementary protocol to address the enforcement of settlement agreements, particularly in the context of international commercial disputes. This will complement existing frameworks such as the Singapore Convention on Mediation.

Towards a New Era of Dispute Resolution



The creation of IOMed represents a significant evolution in the architecture of international dispute settlement. By focusing exclusively on mediation, IOMed fills a crucial gap between diplomacy and adjudication. It offers a platform where states and private actors can resolve complex disputes through constructive dialogue rather than adversarial confrontation.

Looking ahead, IOMed is expected to play a vital role in resolving disputes in sectors such as energy, technology, infrastructure, and digital trade. It may also be called upon to address environmental, territorial, and investor-state disputes, as well as emerging challenges related to climate change and intellectual property.

As IOMed prepares to commence operations in Hong Kong, it stands as a powerful example of how international cooperation, legal innovation, and institutional design can come together to promote peace and stability. The establishment of IOMed is not only a historic achievement for multilateral diplomacy but also a promising step forward in building a more harmonious and rules-based international order.

Edward Liu is an accredited mediator with the Hong Kong Mediation Accreditation Association Limited (HKMAAL), and also serves as a registered mediator with both the eBRAM International Online Dispute Resolution Centre and the APEC Panel of Neutrals. As a member of the Department of Justice’s Expert Advisory Group on Legal and Dispute Resolution Services in Hong Kong, he was invited to contribute to the drafting of the Investment and Commercial Mediation Rules for IOMed, and to attend the signing ceremony of the IOMed Convention and related forum events.

國際調解院在香港成立——全球調解機制發展的重要里程碑-2_副本.png
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