Submission of Amici Briefs in Arbitration Related to Environmental Concerns: Developing a Better Framework for Their Consideration Under ICSID Rule 37(2)
This note examines the consideration of amicus curiae briefs in international arbitration matters under the International Centre for Settlement of Investment Disputes (“ICSID”), specifically focusing on arbitration cases involving environmental concerns. The note explores trends in consideration of amicus briefs in environmental arbitration by taking a historical look at cases and the rationales behind the decisions of the tribunals to consider amicus briefs and raises concerns regarding a better, uniform approach to amicus briefs. To achieve a better system of consideration of amicus briefs when environmental concerns are at play, given their public and ecologic interest, the author suggests reworking and expanding Rule 37(2) of ICSID for a complete guideline for arbitration tribunals when considering amicus briefs. Furthermore, the note explores the suggestion of modeling the approach to the regulation and consideration of amicus briefs after research on American domestic courts’ treatment of these types of submissions to ensure that public environmental concern remains considered while adequately moderated.