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In a recent case, the International Centre for the Settlement of Investment Disputes tribunal has refused to apply the 'most-favoured nation' clause of the German-Argentine bilateral investment treaty to its dispute settlement provision. It thereby contributed to the longstanding debate regarding the applicability of such clauses to dispute settlement provisions.
The European Parliament has adopted the EU Directive on Certain Aspects of Mediation in Civil and Commercial Matters in order to make mediation an attractive alternative to legal and arbitration proceedings. To comply with the directive, legislative provisions on the enforceability of all written mediation settlements must be introduced into German law within the next three years.
