Ford Foundation Center for Social Justice, New York
Among the key issues meriting additional attention in the context of ongoing multilateral discussions on reform of investor-state arbitration is the exclusion of the existing system of third parties. While rules applicable to investor-state arbitration have evolved to allow for input from “friends of the court” (amici curiae), this mechanism is not designed to enable consideration or protection of the rights or interests of third parties.
CCSI hosted an event to explore:
The ways in which investor-state arbitration can affect the rights of third parties;
How investor-state arbitration can affect the incentives and pressures that influence the behavior of state actors and investors with respect to third parties;
How arbitral tribunals have treated claims of third parties in recent disputes, including in decisions on amicus participation;
How other forms of dispute settlement at national and international levels allow for third party intervention;
What mechanisms would allow investment dispute settlement processes to meaningfully consider the range of rights and interests at stake in an investment dispute; and
What these considerations mean for reform of investor-state dispute settlement.
The meeting was held at the Ford Foundation Center for Social Justice alongside UNCITRAL Working Group III’s 37th Session in New York. Participants included representatives of delegations participating in the 37th session, civil society organizations, and academia.
Slides used to give the opening presentation are available for download.
This event was informed by CCSI’s work on the impact of the investment treaty regime on access to justice.