1. On 1 March 2013, the Tribunal informed Mr. Appleton that his application for leave to file a non-disputing party submission was denied. In its letter, the Tribunal indicated that detailed reasons for its decision would follow shortly. This procedural order sets out the Tribunal’s reasons.
I. Procedural Background
2. As agreed at the First Session of the Tribunal held with the Disputing Parties on 24 July 2012 and as contained in paragraph 20.2 of the First Procedural Order dated 29 November 2012:
20.2 The Tribunal shall consider any application for permission to file a submission in this arbitration by an intending Amicus, in consultation with the Parties. Any Amicus application shall adhere to the requirements set forth in the recommendations of the FTC on non-disputing party participation, issued on 7 October 2003.
3. Different schedules for such applications were fixed in Section 14 of the First Procedural Order taking into account the possibility of the United States of America (“Respondent”) raising jurisdictional objections and requesting bifurcation of the proceeding between jurisdiction and the merits. The Respondent having raised such objections and requested bifurcation in its Counter-Memorial of 14 December 2012, the Tribunal decided in its Procedural Order of 25 January 2013 to join the objections to jurisdiction filed by the Respondent to the merits. Accordingly, the schedule of paragraph 14.2.7 of the First Procedural Order applied: