La institución del amicus curiae y el arbitraje de inversiones/Amicus curiae and Investment Arbitration

The individual's intervention in investment arbitration as amicus curiae has been recently strengthened. This process was initiated in NAFTA, where several arbitral decisions established the initial precedents and, subsequently, a homogeneous jurisprudence accepting, under certain conditions, t...

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Bibliographic Details
Published in:Anuario español de derecho internacional 2011-01, Vol.27, p.351
Main Author: Vives, Francisco José Pascual
Format: Article
Language:Spanish
Subjects:
Amicus curiae
Arbitrage
Arbitration
International disputes
Investments
Jurisprudence
North American Free Trade Agreement
State court decisions
Trade policy
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Summary:The individual's intervention in investment arbitration as amicus curiae has been recently strengthened. This process was initiated in NAFTA, where several arbitral decisions established the initial precedents and, subsequently, a homogeneous jurisprudence accepting, under certain conditions, the presentation of written observations, the access to documents and the presence in the public hearings has been developed after the reform of both the NAFTA procedural rules and the North-American BITs. The latest revision of ICSID Rules of Procedure has recognized the said options also in this legal regime, after the tribunal called upon to decide the Aguas de Barcelona I and III cases had already admitted them. However, several substantial differences can be perceived between NAFTA and ICSID practice. In our opinion, this is due not only to the greater uniformity of the former regime, but also as a result of the more comprehensive legal formation in common law of NAFTA arbitrators. [PUBLICATION ABSTRACT]
ISSN:2173-3775
2254-660X