Guarding the Open Door: Non-Party Participation Before the International Centre for Settlement of Investment Disputes

Abstract

Last year ICSID amended its rules to allow non-party submissions in arbitrations - the most significant rule changes in its history. ICSID has done so, in part, to respond to our changing world and preserve its own legitimacy. Our analysis suggests the amendments are well adapted to give ICSID tribunals the high degree of control they need to ensure that non-party interventions are to assist tribunals to reach the just decision not just appease the interests of the non-parties.

Keywords: Investment disputes, arbitration, foreign investment, non-party participation, ICSID