Study Of The "amicus Curiae" System In The Arbitration Of International Investment Disputes

Along with the development of economic and globalization, capitals begin to flow not only within one country's domestic territory but also in the global range. International investment is a typical representative manner of flow of capital. Also with the development of practice in international investment, disputes in international investment occur. One way to deal with the international investment dispute is through arbitration tribunal. However, international investment disputes which are between investor and domestic government differ from disputes between equality bodies. Their status is unequal. Therefore, the investors are always inferior to the governments. The investors lack professional technology information and understanding of the fact about the case. As a remedy of these disadvantages the system of amicus curiae (friend of court) has been introduced to the procedures of disputes settlement."Friend of the court" who provides relevant facts to the arbitration tribunal has no interest with the case. It helps the arbitration tribunal to attain justice independently. "Friend of the court" plays positive role in the procedure of justice. Practically, the system of "friend of the court" originates from ancient Rome and gradually accepted by Common law system in the procedure of court and arbitration tribunal. It can be expected that as "friend of court" plays a more and more important positive role it will be introduced into the civil law system. We are no longer a country which is a recipient of the investment but also invest abroad. The scale and the number of enterprises engaged in investment are growing year by year. The international investment disputes began to accumulate as well. Therefore the research in the system of "friend of the court" is valuable for the trial. In this thesis, we are going to expatiate on the origin of Amicus Curiae and the basic issues of amicus curiae-how does amicus curiae evolve in history. Then we shall focus on the value and function of amicus curiae in the arbitration of international investment disputes. On such basis, we summarize present problems of amicus curiae in arbitration of international investment disputes. Finally we are trying to evaluate the system of amicus curiae and suggest the construction of amicus curiae system, then we shall give some suggestive opinion on amicus curiae in our domestic country.