The role of civil society in investment treaty arbitration : status and prospects

Abstract

By first examining civil society’s recently recognized amicus curiae role in addressing the ‘broader’ public interest at stake in investor-state arbitration, this research aims to provide a comprehensive understanding of civil society’s role as practiced hitherto. It then considers whether such role may be equally adequate whenever investor-state arbitrations closely relate to environmental protection, public health, human rights or other public policy issues that could potentially affect the direct interests of certain communities or groups who are third parties to arbitration proceedings.

This research therefore scrutinizes civil society’s amicus role and questions whether it constitutes the most enhanced form of access within the jurisdictional ambit set by IIAs or BITs, and whether it may be expanded. It will also consider whether third party intervention necessarily equates to the joinder of an additional party to arbitration proceedings.