Convention on the Establishment of the International Organization for Mediation signed in Hong Kong

The Convention on the Establishment of the International Organization for Mediation (IOM Convention) was signed at a ceremony held in Hong Kong on 30 May 2025 (the text of the IOM Convention is available here).

The International Organization for Mediation (IOM) will be the first intergovernmental organisation dedicated to resolving international disputes through mediation (as we previously reported here). It will provide mediation services for state-to-state disputes, disputes between states and nationals of other states, and international commercial disputes between private parties.

33 countries from Asia, Africa, Latin America and Europe (including China, which will act as the depository of the IOM Convention) signed as founding members, and the ceremony was attended by representatives of more than 50 additional countries and nearly 20 international organisations (including the United Nations), according to the press release issued by the Hong Kong government. The full list of signatories has not yet been made available on the IOM website.

The headquarters of the IOM will be located in Hong Kong and housed in a historic four-storey building with a gross floor area of over 5,000 square meters (see here for more information). The IOM could open its doors as early as the end of 2025, according to a speech delivered by the Chief Executive of Hong Kong, Mr John Lee, at the signing ceremony (available here).

Read on for important pending developments which we will be monitoring, and a summary of key provisions of the IOM Convention.

Key pending developments to watch

• Entry into force. The IOM Convention will enter into force on the 30^th day after the date of deposit of the third instrument of ratification, acceptance, approval or accession.
• Rules of procedure. Rules of procedure for the institution and conduct of mediation proceedings will be adopted and are in the process of being developed by working groups.
• Mediator code of conduct. The IOM Convention already contains provisions (i) addressing the principles in accordance with which mediations should be carried out, disclosure of conflicts of interest by mediators, fair treatment of the parties by mediators, and confidentiality, and (ii) limiting the ability of mediators to act in other proceedings relating to the subject matter of the dispute (all discussed further below). In addition, a code of conduct for mediators will be adopted.
• Enforcement protocol. The IOM Convention provides that a protocol should be negotiated specifying the conditions under which settlement agreements arising out of mediations conducted under the IOM Convention in respect of international commercial disputes between private parties should be enforced by contracting states, representing a potentially significant addition to the developing international legal framework for the enforcement of mediation settlements. It remains to be seen how such a protocol would operate compared with the Singapore Convention on Mediation (sometimes described as a “New York Convention for mediation”), which came into force on 12 September 2020 (as reported here) and has so far been signed by 58 states. 

Summary of key provisions of the IOM Convention

The IOM

• General. The IOM is established by the Convention (Article 1) with its headquarters in Hong Kong and the ability to establish regional offices elsewhere (Article 8).
• International legal personality and immunities. The IOM has international legal personality (Article 6) and will (along with its officials, premises, property and assets) enjoy various immunities and privileges (Chapter X), including (in the case of the IOM and its property and assets) immunity from legal process except where such immunity has been expressly waived (Article 49).
• Principles. The IOM will act in accordance with the principles of: (i) respect for sovereignty and territorial integrity, equality, non-interference in the internal affairs of states, and commitment to international rule of law; (ii) ensuring party autonomy and free choice of means in dispute settlement; (iii) good faith and a spirit of cooperation in seeking amicable settlement of international disputes; and (iv) ensuring an impartial, neutral and equitable environment that fosters a flexible and efficient approach to peaceful settlement of disputes through mediation (Article 4). 
• Functions. The functions of the IOM include to provide services for, promote the use and develop the culture of, and explore and promote best practices of, mediation, as well as to organise conferences on and promote cooperation for capacity building in mediation, and to cooperate and communicate with other international organisations and dispute resolution agencies (Article 5). 
• Governing Council. Policy and strategy will be set by a Governing Council comprised of one representative from each contracting state, which will meet annually (Chapter II).
• Secretariat. A Secretariat headed by a Secretary-General will be responsible for implementing the decisions of the Governing Council (Chapter III).    

Accession to the IOM Convention

• States. The IOM Convention is open for signature by all states (Article 59). If a state has two or more territorial units in which different systems of law apply in relation to matters dealt with in the IOM Convention, it may at the time of signature, ratification, acceptance, approval or accession declare that the IOM Convention shall extend to all its territorial units or only to one or more of them, and may modify this declaration by submitting another declaration at any time. If a state makes no declaration, the IOM Convention shall extend to all territorial units of that state (Article 57).
• Regional integration organizations. The IOM Convention is also open for signature by, and contains specific rules regarding the participation of, regional integration organizations (Articles 58 and 59). The term "regional integration organization" is not defined under the IOM Convention.

Mediators

• Panels of mediators. The IOM will maintain two panels of mediators: one for state-to-state disputes (Panel of State-to-State Mediators); and one for disputes between states and nationals of other states and international commercial disputes between private parties (General Panel of Mediators) (Article 19).
• Designation of mediators. Each contracting state may designate up to 5 of its nationals to the Panel of State-to-State Mediators and up to 20 of its nationals (or 30 in the case of founding members) to the General Panel of Mediators (Article 20). In addition, the Governing Council may designate up to 10 persons to the Panel of State-to-State Mediators and up to 20 persons to the General Panel of Mediators, paying due regard to the importance of assuring representation of principal legal systems, geographical diversity and gender balance on the panels as a whole (Article 22). Mediators designated to the panels will serve for a renewable period of 5 years (Article 23).
• Mediator qualifications. Persons designated to the panels of mediators shall be persons of high moral character and recognised competence in specialised fields such as law, commerce, industry or finance (Article 21(1)). Persons designated to the Panel of State-to-State Mediators shall also be persons of known competency in questions of international law, diplomacy, international relations or international political and economic affairs, with extensive political skill and judgment (Article 21(2)).
• Immunities of mediators. Mediators and other participants in mediation under the IOM Convention will enjoy various immunities, including from legal process in respect of words spoken or written and all acts performed by them during their participation in the relevant mediation proceedings (Article 53).

Types of disputes

• General. The IOM will provide mediation services for the settlement of three categories of international disputes (set out below) submitted by mutual consent of the parties expressed before or after the dispute arises (Article 24(1)). Consent to mediation may be withdrawn unilaterally at any time unless an applicable treaty or agreement provides otherwise (Article 24(2)).
• State-to-state disputes. The IOM shall provide mediation services for legal and factual disputes, disagreements or any issues of concern between contracting states which agree to and request mediation, and may also provide mediation services for non-contracting states and international organisations (Article 25). The IOM shall not provide mediation services for a dispute submitted by states involving a third state without the consent of the third state (Article 26).
• Disputes between a state and a national of another state. The IOM shall provide mediation services for commercial or investment disputes between a contracting state (including constituent sub-divisions and agencies designated to the IOM by the state) and a national of another state (Article 27(1) and (3)). The IOM may also provide mediation services for commercial or investment disputes involving a non-contracting state or international organisation (including agencies of the international organisation) (Article 27(2) and (3)).
• Disputes between private parties. The IOM shall provide mediation services for disputes arising out of or relating to international commercial relationships between private parties (excluding disputes arising from transactions with personal, family or household purposes) (Article 28).
• Excluded disputes. Any state may make a declaration as to types of state-to-state disputes and disputes between a state and a national of another state which it would not consider submitting to the IOM (Article 29), such as (in the case of state-to-state disputes) disputes concerning territorial sovereignty, maritime delimitation, maritime interests or other issues deemed unsuitable for mediation by the relevant state (Article 25).

Conduct of mediations

• Mediation principles. Mediation under the IOM Convention shall be conducted in accordance with the principles of voluntariness, impartiality, independence, good faith, efficiency and cost-effectiveness (Article 30).
• Rules of procedure. The Governing Council shall adopt rules of procedure for the institution of mediation proceedings (Article 12(1)(e)) and for mediation proceedings themselves (Article 12(1)(f)), as well as a code of conduct for mediators (Article 12(1)(g)).
• Mediator conduct. The mediator shall disclose any conflicts of interest to the parties, seek to maintain fair treatment of the parties, and promote the settlement of the dispute in accordance with the code of conduct for mediators to be adopted by the Governing Council (Article 32).
• Confidentiality. All information relating to, and all documents generated in or obtained during, mediation proceedings conducted under the IOM Convention, shall be confidential (unless the parties agree otherwise, the information or document is already publicly available, or disclosure of information is required by law with an exception for state-to-state disputes) (Article 33).
• Evidence in other proceedings. No party may in any other proceedings (including before arbitrators or a court) invoke or rely on (i) any views expressed, or statements, admissions or offers of settlement made by any other party in the mediation proceedings, or (ii) the report or any recommendations made by the mediator (Article 34).
• Limitations on role of mediator. The mediator shall not act in any other capacity whatsoever in any pending or future proceedings (whether judicial, arbitral or otherwise) relating to the subject matter of the dispute, unless otherwise agreed by the parties or required by applicable law (Article 35).

Settlement agreements

• Conclusion of settlement agreements. The settlement of disputes through mediation under the IOM Convention should be recorded in a written settlement agreement which shall be authenticated by the Secretary-General of the IOM (Article 39).
• Legal effect. Such settlement agreements are binding and should be performed in good faith, can be used as evidence that they result from mediation, and can be relied upon for seeking relief under applicable law (Article 40(1) and (2)), but do not imply any admission of the considerations of law or fact which may have inspired the terms of the settlement agreement (Article 40(3)).
• Enforcement. A settlement agreement concluded to resolve an international commercial dispute between private parties pursuant to Article 28 of the IOM Convention may be enforced by a contracting state in accordance with its applicable law (Article 41(1)). A protocol should be negotiated by the contracting states to specify the conditions under which such settlement agreements shall be enforced (Article 41(2)).