Participation of Amici Curiae in Investment Treaty Arbitration
Article from: TDM 1 (2009), in Procedure, Advocacy, Strategy and Tactics in Arbitration
Summary
The conflict between the private nature of arbitration and the often public nature of the subject matters in investor-state disputes has caused increasing criticism of the institution of investment treaty arbitration, often leading to the request by non-disputing parties to participate in investment treaty arbitration proceedings in order to achieve more transparency in this field. This paper sets out a framework for addressing the major issues related to this development, including the principle of confidentiality in private international arbitration and ...