ICSID Tribunals Apply New Rules on Amicus Curiae

February 2007
Mealey's International Arbitration Report Vol 22 # 2
Andrew de Lotbinière McDougall, Ank A. Santens

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In two recent rulings, ICSID tribunals considered provisions from the much-discussed Rules of Procedure for Arbitration Proceedings for the first time. These are particularly interesting, since both rulings reached similar results when faced with amicus curiae requests under the new Rule 37(2), and one ruling addressed the new Rule 32(2). This article discusses the two cases, which will no doubt influence and guide tribunals in other ICSID arbitrations.