THE QUEST FOR THE HOLY GRAIL OF SOCIAL JUSTICE: SUBSTANTIVE & PROCEDURAL LAW PROVISIONS FOR AMICUS CURIAE IN INVESTOR-STATE ICSID ARBITRATION LAW & PRACTICE

more+
less-

The Holy Grail of ICSID Arbitration is social justice. Amicus Curiae is the Grail Castle that holds the sacred chalice of ICSID’s salvation. This paper comments on both the procedural and substantive law of amicus curiae submissions in Investor-State arbitrations. Issues of human rights and public interest that arise in these disputes must be addressed through an increase of amicus submissions whilst still protecting provisions for confidentiality. Only by identifying matters that are highly relevant to the public interest that normally would not be addressed (either in the dispute or elsewhere) can amicus curiae be used. It is incumbent upon arbitration tribunals to allow these issues to be raised in connection to the dispute so that the procedural and substantive requirements to file leave for amicus curiae can be undertaken. The principle of amicus curiae serves as the foundation for social justice in ICSID arbitrations.

LOADING PDF: If there are any problems, click here to download the file.

Written by:

Published In:

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Mary B. Ayad | Attorney Advertising

Don't miss a thing! Build a custom news brief:

Read fresh new writing on compliance, cybersecurity, Dodd-Frank, whistleblowers, social media, hiring & firing, patent reform, the NLRB, Obamacare, the SEC…

…or whatever matters the most to you. Follow authors, firms, and topics on JD Supra.

Create your news brief now - it's free and easy »

All the intelligence you need, in one easy email:

Great! Your first step to building an email digest of JD Supra authors and topics. Log in with LinkedIn so we can start sending your digest...

Sign up for your custom alerts now, using LinkedIn ›

* With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name.
×
Loading...
×
×