A Study On The Amicus Curiae In Investor-State Dispute Arbitration

As the recent arrival of the era of international investment, Investor and State dispute arbitration mechanism have exposed more and more problems and defects. Not only the social public blame its lack of transparency procedures,but also the host countrys express the dissatisfaction of its partial investors.Amicus Curiae has special legal value for the Investor and State dispute arbitration. The social public appeal to bring Amicus Curiae into investors and national dispute arbitration to balance the interests of the different partys.Facing the criticism and the blame from public, NAFTA and ICSID, as the core agencies of the Investor and State dispute arbitration mechanism, has made some corresponding adjustments from initial judicial practice to the change of system. In certain extent, they have absorbed Amicus Curiae, but still maintained conservative performance.Since the reform and open policy, our country keep growing in the absorption of foreign capital and foreign investment, but international investment disputes is increasing at the same time.Therefore, our country should objectively analysis the influence to our country,if Amicus Curiae was introduced into Investor and State dispute arbitration mechanism. In order to protect the interests of our country and the overseas investors,we need not only change the evasive attitude in the past, but also use Amicus Curiae actively from the domestic and international two levels at the same time. The first chapter: the evolution and feature of the Amicus Curiae. First, analyze the development and innovation of the Amicus Curiae in judicial practice.Secondly, on the basis of the Amicus Curiae the evolution, summarize the feature of their system.The second chapter: analysis the value of the Amicus Curiae to investor and state dispute arbitration mechanism. The first part:introducing the general legal value of the Amicus Curiae for all dispute settlement procedures;The second part: expressing the concrete embodiment of the above legal value in today’s investors and national dispute arbitration mechanism,on the base of analysing the current investor and state dispute arbitration mechanism. The third chapter:introducing the practices and achievements of NAFTA and ICSID,as representative agencies in this field,and analysing the problems of the existing system and the improvement measures.The fourth chapter:our country’ s attitude and suggestions toward bringing Amicus Curiae into investor and state dispute arbitration mechanism.Firstly, analysing what kind of attitude our country should have in this process,and then giving some constructive advice in how to deal with this change.