SBORNÍK 66 SVOČ 2016

however, if the international community is repeatedly made aware of the problem and its ramifications, and if the problem is thoroughly discussed, a solution may be found. Amicus curiae submissions can also bring new information and arguments to the table, and they can develop and restructure arguments already used by the state. A real life example of a positive contribution of a non-party actor can be found in Biwater v Tanzania . Here an amicus curiae submission helped to convince the tribunal not to award damages despite having found a breach of the BIT, as it showed that the damage incurred by the investor is not attributable to the state. Amicus curiae is therefore under certain circumstances able to promote human rights in international investment arbitration.

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