Hong Kong to Open International Organization for Intergovernmental Dispute Mediation
Published 4 June 2025
Xia Yu
On 30 May 2025, about 400 high-level representatives from 85 countries in Asia, Africa, Latin America and Europe, and nearly 20 international organizations attended the signing ceremony of the Convention on the Establishment of the International Organization for Mediation (“Convention”) held in Hong Kong. 33 countries, including China, signed the Convention on the spot and became founding members of the International Organization for Mediation (“IOM”). The IOM is an intergovernmental legal organization specializing in resolving international disputes through mediation. China leads it and aims to become a global international dispute resolution institution on par with the International Court of Justice and the Permanent Court of Arbitration.
In September 2022, China signed a Joint Statement on the Establishment of the IOM (“Joint Statement”) with Indonesia, Pakistan, Laos, Cambodia, Serbia, Belarus, Sudan, Algeria, Djibouti, and other countries, formally establishing the IOM’s goals, principles, and visions. The Joint Statement emphasized that the IOM provided mediation services for disputes between countries, between countries and investors, and international commercial disputes on the principle of voluntariness of all parties, and required the contracting parties to jointly promote the drafting and negotiation of the Convention to lay a legal foundation for the subsequent establishment of the IOM.
On 21 October 2022, the Secretary for Justice of Hong Kong and the representative of the Ministry of Foreign Affairs of China signed an arrangement on the establishment of the preparatory office of the IOM in Hong Kong, designated the Old Wan Chai Police Station (“Police Station”) as the location of the preparatory office, and granted privileges and immunities to relevant personnel. On 16 February 2023, the Chinese government, authorized by the Joint Statement, took the lead in establishing the preparatory office and began to organize countries to carry out Convention negotiations and other related preparatory work. After several rounds of negotiations, on 17 October 2024, China and 18 countries completed the negotiations on the Convention, established the basic rules such as the organizational structure, scope of cases, mediation procedures, rights and obligations of contracting parties of the IOM, stated clearly that the headquarter of the IOM would be located in Hong Kong, and decided to hold a signing ceremony in Hong Kong in 2025.
The IOM, an intergovernmental international legal organization established by the Convention, has an independent legal personality, and enjoys the privileges and immunities signed with the member states. It has a Council, a Secretariat, and a Panel of Mediators. The Council is responsible for supervising the daily operation of the IOM, passing internal regulations, appointing the Secretary-General, and making other decisions. It is elected by the Assembly of Parties, which is composed of representatives of all States Parties. The Council establishes special committees such as the Budget Committee and the Rules of Procedure Committee to guide institutional governance, resource allocation, and procedure formulation. The Secretariat is responsible for coordinating daily affairs. It establishes the Legal Affairs Department, the Mediation Services Department, the Research and Training Department, the Financial Management Department, and the Administration Department. The Panel of Mediators, recommended by member states, is subject to a qualification assessment by experts. The official languages of the IOM are Chinese and English. Bilingual or multilingual translation can be adopted in the mediation process. The Convention gives the IOM the principle of respecting the cultural and legal traditions of various countries, emphasizes the comprehensive use of the strengths of multiculturalism in the mediation process, and provides more inclusive and culturally adaptable mediation solutions for countries and regions.
According to the Convention, the main functions of the IOM include mediation of intergovernmental disputes, mediation of disputes between countries and investors, mediation of international commercial disputes, and training and research. For major disputes between countries, such as politics, territory, environment, and resources, the goal of the IOM is to organize negotiations, mediation, and program design through neutral third-party mediators, so that the contracting parties can achieve “win-win cooperation” through dialogue and compromise on the premise of equality and respect for sovereignty. Different from traditional investment arbitration procedures, the IOM takes mediation as the core and provides optional solutions for investment disputes between investors and countries through flexible procedures and confidentiality mechanisms. According to the Convention, the IOM accepts commercial disputes including contract disputes, commercial secret disputes, and supply chain disputes voluntarily submitted by international commercial entities, organizes mediators with multilingual backgrounds and industry professional experience, and uses the world’s top commercial mediation methods and technologies to provide more efficient and economical dispute resolution solutions for contracting parties. In terms of training and research, the IOM regularly organizes mediation training programs, academic seminars, and annual forums, inviting legal experts, professional mediators, and scholars from various countries to share experiences and cutting-edge research, and establishes a mediation research center to conduct comparative studies on global dispute resolution mechanisms.
The Convention is the first international legal organization in the world that is based on an intergovernmental treaty and specializes in mediation. It provides the international community with a mediation mechanism that is parallel to litigation and arbitration and has an independent legal status. The IOM attempts to reduce the risk of escalation of national conflicts by providing flexible and inclusive mediation procedures, promoting economic development by reducing litigation and arbitration costs, and easing trade frictions through efficient mediation services. Meanwhile, the IOM is the first intergovernmental international organization with its headquarters in Hong Kong. This will further enhance Hong Kong’s competitiveness in dispute resolution services in the Asia-Pacific region and around the world, and provide a broader international stage for Hong Kong legal professionals.
In early 2024, the Hong Kong government applied for a grant of HK$466.6 million (Equivalent to US$ 60.66) to renovate the Police Station as the headquarters of the IOM, which is equipped with mediation facilities, conference facilities, a library, offices, a security check area, a waiting area, logistical support facilities, and an open-air parking lot. According to the plan, the headquarters will be put into operation at the end of 2025 or early 2026. By the Convention, the IOM will be officially established after more than three signatories ratify the Convention following domestic legal procedures. Therefore, it is expected that the IOM may open in early 2026.
In September 2022, China signed a Joint Statement on the Establishment of the IOM (“Joint Statement”) with Indonesia, Pakistan, Laos, Cambodia, Serbia, Belarus, Sudan, Algeria, Djibouti, and other countries, formally establishing the IOM’s goals, principles, and visions. The Joint Statement emphasized that the IOM provided mediation services for disputes between countries, between countries and investors, and international commercial disputes on the principle of voluntariness of all parties, and required the contracting parties to jointly promote the drafting and negotiation of the Convention to lay a legal foundation for the subsequent establishment of the IOM.
On 21 October 2022, the Secretary for Justice of Hong Kong and the representative of the Ministry of Foreign Affairs of China signed an arrangement on the establishment of the preparatory office of the IOM in Hong Kong, designated the Old Wan Chai Police Station (“Police Station”) as the location of the preparatory office, and granted privileges and immunities to relevant personnel. On 16 February 2023, the Chinese government, authorized by the Joint Statement, took the lead in establishing the preparatory office and began to organize countries to carry out Convention negotiations and other related preparatory work. After several rounds of negotiations, on 17 October 2024, China and 18 countries completed the negotiations on the Convention, established the basic rules such as the organizational structure, scope of cases, mediation procedures, rights and obligations of contracting parties of the IOM, stated clearly that the headquarter of the IOM would be located in Hong Kong, and decided to hold a signing ceremony in Hong Kong in 2025.
The IOM, an intergovernmental international legal organization established by the Convention, has an independent legal personality, and enjoys the privileges and immunities signed with the member states. It has a Council, a Secretariat, and a Panel of Mediators. The Council is responsible for supervising the daily operation of the IOM, passing internal regulations, appointing the Secretary-General, and making other decisions. It is elected by the Assembly of Parties, which is composed of representatives of all States Parties. The Council establishes special committees such as the Budget Committee and the Rules of Procedure Committee to guide institutional governance, resource allocation, and procedure formulation. The Secretariat is responsible for coordinating daily affairs. It establishes the Legal Affairs Department, the Mediation Services Department, the Research and Training Department, the Financial Management Department, and the Administration Department. The Panel of Mediators, recommended by member states, is subject to a qualification assessment by experts. The official languages of the IOM are Chinese and English. Bilingual or multilingual translation can be adopted in the mediation process. The Convention gives the IOM the principle of respecting the cultural and legal traditions of various countries, emphasizes the comprehensive use of the strengths of multiculturalism in the mediation process, and provides more inclusive and culturally adaptable mediation solutions for countries and regions.
According to the Convention, the main functions of the IOM include mediation of intergovernmental disputes, mediation of disputes between countries and investors, mediation of international commercial disputes, and training and research. For major disputes between countries, such as politics, territory, environment, and resources, the goal of the IOM is to organize negotiations, mediation, and program design through neutral third-party mediators, so that the contracting parties can achieve “win-win cooperation” through dialogue and compromise on the premise of equality and respect for sovereignty. Different from traditional investment arbitration procedures, the IOM takes mediation as the core and provides optional solutions for investment disputes between investors and countries through flexible procedures and confidentiality mechanisms. According to the Convention, the IOM accepts commercial disputes including contract disputes, commercial secret disputes, and supply chain disputes voluntarily submitted by international commercial entities, organizes mediators with multilingual backgrounds and industry professional experience, and uses the world’s top commercial mediation methods and technologies to provide more efficient and economical dispute resolution solutions for contracting parties. In terms of training and research, the IOM regularly organizes mediation training programs, academic seminars, and annual forums, inviting legal experts, professional mediators, and scholars from various countries to share experiences and cutting-edge research, and establishes a mediation research center to conduct comparative studies on global dispute resolution mechanisms.
The Convention is the first international legal organization in the world that is based on an intergovernmental treaty and specializes in mediation. It provides the international community with a mediation mechanism that is parallel to litigation and arbitration and has an independent legal status. The IOM attempts to reduce the risk of escalation of national conflicts by providing flexible and inclusive mediation procedures, promoting economic development by reducing litigation and arbitration costs, and easing trade frictions through efficient mediation services. Meanwhile, the IOM is the first intergovernmental international organization with its headquarters in Hong Kong. This will further enhance Hong Kong’s competitiveness in dispute resolution services in the Asia-Pacific region and around the world, and provide a broader international stage for Hong Kong legal professionals.
In early 2024, the Hong Kong government applied for a grant of HK$466.6 million (Equivalent to US$ 60.66) to renovate the Police Station as the headquarters of the IOM, which is equipped with mediation facilities, conference facilities, a library, offices, a security check area, a waiting area, logistical support facilities, and an open-air parking lot. According to the plan, the headquarters will be put into operation at the end of 2025 or early 2026. By the Convention, the IOM will be officially established after more than three signatories ratify the Convention following domestic legal procedures. Therefore, it is expected that the IOM may open in early 2026.