Dear Members of the Tribunal: 

Amici respectfully submit an amicus curiae brief in the above-captioned matter, pursuant to Article 37(2) of the ICSID Arbitration Rules, United-States Central American Free Trade Agreement (CAFTA) Article 10.20.3, the Tribunal‟s Procedural Order 8 dated March 23, 2011, and the Tribunal Secretary‟s e-mail communication dated May 5, 2011. Specifically, amici request the Tribunal to consider the written submission attached as Appendix. 

In accordance with the Tribunal‟s Procedural Order 8, amici‟s submission has been edited to assist the Tribunal‟s determination of its jurisdiction. It is a generally accepted principle of international arbitration that the Tribunal has the authority, and indeed the duty, to satisfy itself that it has jurisdiction over the matter, including raising “of its own motion ex officio” any jurisdictional problem the parties may fail to raise.1 Accordingly, while amici‟s submission does closely track the arguments raised by the parties, amici recognize that their role is to assist the Tribunal to fulfill this broader, independent duty.