Assessing the Benefits of Allowing Amicus Curiae Briefs in Investor-State Arbitrations: A Developing Country's Perspective

In the last several years, the idea that international investment arbitration should become more transparent has gained wide acceptance. A number of NGOs have successfully drawn upon the public character of trade and foreign investment disputes to gain access to the proceedings as amici curiae. But why should amicus curiae briefs be important in the context of investment arbitration? Is the government (especially one that is democratically elected) not the guardian of the public interest? It is assumed that mere presence of the government as a party to the arbitration ought to assure the public that "its case is in good hands" and that the public interest will be strenuously defended. But is the public so assured? Should it be so assured? Using the foregoing as the point of departure, this paper aims to contribute to the ongoing debate about the desirability of accepting or rejecting amicus briefs in investment arbitration by enumerating, justifying and analyzing the benefits of accepting such briefs.