The Admissibility of Amicus Curiae Briefs by NGOs in Investor-States Arbitration: The Precedent Set by the Methanex Case in the Context of NAFTA Chapter 11 Proceedings
Non-State Actors and International Law, Vol. 1, No. 3, pp. 201-214, 2001
16 Pages Posted: 29 Oct 2008
Date Written: 2001
This case note analyzes a recent award (Methanex Corporation v. United States of America) decided by an arbitral tribunal established pursuant to NAFTA Chapter 11 on investors-States arbitration. The Arbitral Tribunal decided that it had the power under Article 15(1) of the UNCITRAL Arbitration Rules and under NAFTA Chapter 11 to accept amicus curiae briefs submitted by several Non-Governmental Organizations (NGOs). Weighting all relevant factors, the Tribunal also decided that it would use its discretion to accept such briefs, but that it would make a final decision on whether or not to receive each of them only at a later stage of the arbitral proceedings. It is the first time that an arbitral tribunal accepted in principle amicus curiae briefs by NGOs in the context of investor-State arbitration disputes. This note examines in detail the reasoning of the Tribunal. It finally concludes on the likely impact of this award on NAFTA Chapter 11 arbitration and other Investor-States dispute settlement mechanisms.
Keywords: amicus curiae, NAFTA Chapter 11, non-states actors, Investors-States arbitration
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