Social & Political Sciences

Social & Political Sciences

Journal of Civil & Legal Sciences

Author(s): Tomoko Ishikawa

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While 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 of amicus curiae submissions in investment treaty arbitration. It argues that investment treaty arbitration tribunals should make effective use of amicus curiae submissions in order to include neglected perspectives of the issues raised in arbitration, which may bridge this public/private gap.

This article was published in International and Comparative Law Quarterly and referenced in Journal of Civil & Legal Sciences

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