An exciting first panel at the international conference ‘The Duties, Rights and Powers of International Arbitrators’, hosted by the American University Washington College of Law, in Washington, DC. More great presentations to follow.
I am truly honoured to have the opportunity to join a stellar line-up of speakers at the international conference ‘The Duties, Rights and Powers of International Arbitrators’, to be hosted this coming Tuesday by the American University Washington College of Law, in Washington, DC (United States of America). My paper is titled ‘Hold on to Your Hat! Issue Conflicts in the TTIP Proposal for an Investment Court’. The conference programme can be found here.
My latest article, titled ‘Myopic Amici? The Participation of Non-disputing Parties in ICSID Arbitration’, has been published in the North Carolina Journal of International Law 42(3), 2017, pp. 791-822. The article is available here.
Here is the abstract:
The involvement of amici curiae in investment arbitration is becoming increasingly common in disputes that raise public policy considerations. Amicus curiae is a useful tool to promote the transparency, accountability, and openness of the arbitration system, but also to help tribunals in rendering better awards. The 2006 amendments to the ICSID rules facilitated the participation of civil society in the proceedings but did not go far enough in ensuring a full application of the public participation principle. A review of the ICSID jurisprudence shows that the extension of participatory rights of amici curiae beyond the presentation of written submissions has been timid. The efficiency of amicus participation without access to arbitral documents and hearings is doubtful. The ICSID Arbitration Rules should be reformed in line with recent developments so as to endow non-disputing parties with the necessary tools to perform their function properly.
The book ‘Best Practices for the Protection of Water by Law. Focus on Participatory Instruments in Environmental Law and Policies’, edited by Eva Julia Lohse and Margherita Paola Poto, has just been published by Berliner Wissenschafts-Verlag. I have contributed with a chapter titled ‘Consumers’ Voice in Water Concession Contracts’ (pp. 119-136).