More than a friend? The European commission’s amicus curiae participation in investor-state arbitration

Abstract

The European Commission sought participation as amicus curiae in a number of recent Investor-State arbitrations. The European Commission’s amicus participation differs substantially from the participation of the traditional amici curiae in investment arbitration, in particular due to the European Union’s direct interest in the result of the proceedings. This Chapter examines the differences between amicus curiae participation and intervention through an analysis of the European Commission’s amicus participation in four investment arbitrations: Eureko v. Slovakia, EURAM v. Slovakia, Electrabel v. Hungary, AES v. Hungary, and Micula v. Romania. The author of this Chapter argues that the European Commission’s amicus curiae participation closely resembles another form of third party participation, namely intervention, and may mark a development in third party participation in international investment arbitration.