An article by Gary Born and Stephanie Forrest, published by ICSID Review - Foreign Investment Law Journal, Volume 34, Issue 3, Fall 2019, Pages 626–665.

The article, titled “Amicus Curiae Participation in Investment Arbitration,” explores the issues raised by amicus participation in investment arbitration. Section I considers the history of amicus participation before national and international courts and its subsequent development in investment arbitration. Section II examines the authority of investment tribunals to allow amicus participation. Where that authority exists, Section III turns to the criteria that must be satisfied before such participation will be permitted and critiques the inconsistent approaches that some investment tribunals have taken to these requirements. In particular, Section III considers the duty of tribunals to ensure that amicus participation does not disrupt the arbitral proceedings or impose undue cost or prejudice. Section IV concludes by exploring methods by which tribunals may protect the arbitral proceedings from the unwanted consequences of amicus participation.