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the proceedings. Amicus curiae may be inter alia an NGO, representatives of an ethnic group, 90 professional associations, trade unions, private companies, or scholars. 91 Academics have described several reasons how the participation of an amicus curiae may be beneficial for court or arbitral proceedings. As this work concerns only arbitral proceedings, it will focus on the positive roles an amicus curiae can play therein. Firstly, amicus curiae contributes to the transparency of proceedings. 92 It can ‘promote a general interest in procedural openness and ensure that the broader public does not perceive the arbitration process as “secretive”’. 93 Amicus’s participation can spark a public debate on the topic. 94 Secondly, amicus curiae may help the court or tribunal to decide the case in an informed manner that is responsive to a range of interests. 95 This feature can be explained by the simple saying that ‘two heads are better than one’. Arbitral tribunals have only limited capacity to conduct their own research and they may be confronted with issues that are outside their area of expertise. 96 The states have only limited resources to defend themselves. An entity that specializes in the given issue may have access to better data than the parties or the tribunal and may be able to shed a new light on the topic. Even if it presents the same arguments as one of the parties, amicus curiae may structure them in another way or explain them in different words, thus helping the tribunal to understand them better. It should be noted that in connection to the advantages of amicus curiae , scholars often describe its negative effects on arbitral proceedings. Above all, amicus curiae is feared to increase the costs of proceedings, cause their delay. 97 As this work does not aspire to assess the overall advantages and disadvantages of non-party actors, the disadvantages will not be elaborated on. B. Admission of Amicus Curiae into Proceedings There are no universal rules regarding the competence of arbitral tribunals to accept amicus curiae submissions. The matter is governed by respective provisions of investment treaties and procedural rules that are used in each case. 90 Patrick Dumberry and Gabrielle Dumas-Aubin, ‘When and How Allegations of Human Rights Violations can be Raised in Investor-State Arbitration’ (2012) 13 J World Investment &Trade 349, 370. 91 Gomez (n 5) 556. 92 Bastin (n 5) 223. 93 ibid, citing E Levine, ‘Amicus Curiae in International Investment Arbitration: The Implications of an Increase in Third-Party Participation’ (2011) 29 Berkeley JIL 200, 217. 94 Gomez (n 5) 547. 95 J Anthony Van Duzer, ‘Enhancing the Procedural Legitimacy of Investor – State Arbitration through Transparency and Amicus Curiae Participation’ (2007) 52 McGill LJ 681, 685. 96 Ishikawa (n 5) 402-403. 97 Bastin (n 5) 225; Ishikawa (n 5) 398.

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