1. This Procedural Order is issued further to a letter to the Parties dated 15 September 2011, by which leave for the filing of a non-disputing party submission by the Study Center for Sustainable Finance was refused. In its letter, the Tribunal informed the Parties that detailed reasons of its decision would be set out in a forthcoming procedural order.
I. PROCEDURAL HISTORY
2. Section XVI of Procedural Order No 1 dated 16 December 2010, entitled “NONDISPUTING PARTIES / AMICI”, set out the following directions:
“58. Non-disputing Parties shall have the opportunity to make submissions on questions of NAFTA treaty interpretation, on written notice to the disputing parties, as required by NAFTA Article 1128.
59. The Arbitral Tribunal shall consider any application for leave to file a submission in this arbitration by an intending amicus. Any amicus application for leave to file and accompanying submission shall adhere to the requirements set forth in the recommendations of the FTC on amicus participation, issued on 7 October 2003.
60. The parties shall have the opportunity to make submissions on any application for leave to file a submission in this arbitration by an intending amicus.
61. The Arbitral Tribunal shall issue a ruling on any amicus application for leave to file a submission,