Definition of Amicus Curiae in Investment Arbitration (in Spanish)

Gómez, Fach; Katia,

doi:10.2139/ssrn.1686923

Cited by 1 publication

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“…Much has already been written about the importance of public interest in investment arbitration, as well as about the benefits of admitting amicus curiae submissions in this area to accommodate more views on this controversial issue (Fach Gómez ). In cases such as Biwater Gauff (Tanzania) Limited v. United Republic of Tanzania , the arbitration tribunal recognized “the public nature of this dispute and the range of interests that are potentially affected” (procedural order 3, paragraph 147).…”

Section: External and Internal Competence In International Investmentmentioning

confidence: 99%

TheUS‐EUTransatlantic Trade and Investment Partnership: Should It Leave a Door Open for Non‐Legal Arbitrators?

Gómez

2016

Conflict Resolution Qtrly

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This article reflects on the suitability of including non‐legal arbitrators in certain investment arbitrations. It presents different mechanisms that have been used in the investment arbitration context to aid legal arbitrators with scientific‐technical issues and contemplates the drawbacks of this external competence. After analyzing various sectors in which non‐legal experts provide internal competence (international inspection boards, specialized national courts, commercial arbitration tribunals, and inter‐state arbitration tribunals), the article concludes that incorporating arbitrators with scientific‐technical competence into international investment tribunals on an ad casum basis may not be such a far‐fetched idea. Finally, various de lege ferenda proposals that would achieve the common goal of not barring non‐legal “judges” from the future US‐EU investment court are put forward.

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Section: External and Internal Competence In International Investmentmentioning

confidence: 99%