THIRD PARTY PARTICIPATION IN INVESTMENT TREATY ARBITRATION

Abstract

AbstractWhile the public nature of investment treaty arbitration has been increasingly recognized, its procedures are modelled on those of international commercial arbitration. This creates a gap between (public) substance and (private) procedure in investment treaty arbitration. Against this background, this article examines the increasing acceptance ofamicus curiaesubmissions in investment treaty arbitration. It argues that investment treaty arbitration tribunals should make effective use ofamicus curiaesubmissions in order to include neglected perspectives of the issues raised in arbitration, which may bridge this public/private gap.