The quest for the holy grail of social justice

substantive & procedural law provisions for Amicus Curiae in investor-state ICSID arbitration law & practice

Mary B. Ayad

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Abstract

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.
Original languageEnglish
Pages (from-to)17-29
Number of pages13
JournalMacquarie journal of business law
Volume9
Publication statusPublished - 2012

Bibliographical note

Publisher version archived with the permission of the Dean, Division of Law, Macquarie University, NSW, Australia. This copy is available for individual, non-commercial use. Permission to reprint/republish this version for other uses must be obtained from the publisher.

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