CEU Electronic Theses and Dissertations, 2016
| Author | Banerjee, Rudrani |
|---|---|
| Title | An ???Inter-friend-tion??? - Is the ???Amicus Curiae??? truly living up to its purpose of being the ???Friend of the Court????: A review of its role in Investor-State arbitration proceedings under the International Centre for Settlement of Investment Disputes (ICSID) Convention |
| Summary | The International Centre for Settlement of Disputes (ICSID) is a facilitator and administrator for resolution of disputes related to investment. The parties to such a dispute seldom have level playing ground in terms of stakes involved. In such a scenario where unequal bargaining power exists, a non-disputing party intervention has the potential to alter the course of such proceedings. The introduction and rise of the ‘amicus curiae’ under the ICSID regime has gathered a lot of attention from scholars and practitioners alike. Although such a mechanism has always existed in litigation as well as arbitration proceedings under other institutions, the traditional concept of a non-disputing party has evolved and taken its own course in investor state disputes. The role of the ICSID Tribunal, irrespective of its decisions, has extended beyond the contours of prevalent practice and has engaged itself with parties outside the dispute. The few cases are an illustration of the extent and the impact of these interventions that have assumed a jurisprudence of their own. The review of this mechanism and its stronghold is an attempt to empower the future potential and redress the existing lacunas. |
| Supervisor | Petsche, Markus |
| Department | Legal Studies LLM |
| Full text | https://www.etd.ceu.edu/2016/banerjee_rudrani.pdf |
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