The European Commission: Ami Fidèle or Faux Ami? Exploring the Commission’s Role as Amicus Curiae in ICSID Proceedings
In: European Investment Law and Arbitration Review OnlineSearch for other papers by Alexander G. Leventhal in
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ICSID’S Rule 37(2) introduced into the ICSID system a process by which a nondisputing party may make submissions as an amicus curiae. While amicus submissions have existed in the ICSID system for nearly 20 years, the majority of Rule 37(2) applications have been filed only recently by one party – the EU Commission – on one issue – the applicability of the arbitration agreements in intra- EU BIT S. In this article, we explore how tribunals and ad hoc committees have addressed these applications, which do not seek to provide insight on a particular issue in relation to the merits (as past amicus have), but to strip the ICSID process of jurisdiction over all intra- EU BIT disputes.
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| All Time | Past Year | Past 30 Days | |
|---|---|---|---|
| Abstract Views | 510 | 110 | 10 |
| Full Text Views | 46 | 12 | 2 |
| PDF Views & Downloads | 104 | 33 | 4 |
The European Commission: Ami Fidèle or Faux Ami? Exploring the Commission’s Role as Amicus Curiae in ICSID Proceedings
In: European Investment Law and Arbitration Review OnlineSearch for other papers by Alexander G. Leventhal in
Current site
Google Scholar
PubMed
Search for other papers by Akshay Shreedhar in
Current site
Google Scholar
PubMed
ICSID’S Rule 37(2) introduced into the ICSID system a process by which a nondisputing party may make submissions as an amicus curiae. While amicus submissions have existed in the ICSID system for nearly 20 years, the majority of Rule 37(2) applications have been filed only recently by one party – the EU Commission – on one issue – the applicability of the arbitration agreements in intra- EU BIT S. In this article, we explore how tribunals and ad hoc committees have addressed these applications, which do not seek to provide insight on a particular issue in relation to the merits (as past amicus have), but to strip the ICSID process of jurisdiction over all intra- EU BIT disputes.
| All Time | Past Year | Past 30 Days | |
|---|---|---|---|
| Abstract Views | 510 | 110 | 10 |
| Full Text Views | 46 | 12 | 2 |
| PDF Views & Downloads | 104 | 33 | 4 |