Originally from World Arbitration And Mediation Review (WAMR)

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TRIBUNAL REJECTS AMICUS CURIAE

STATUS TO A THIRD-PARTY BUT LEAVES
OPEN THE POSSIBILITY FOR FURTHER
INVOLVEMENTWITHIN THE ARBITRAL
PROCEEDINGS: BIWATER GAUFF V. UNITED
REPUBLIC OF TANZANIA, PROCEDURAL
ORDER NUMBER FIVE1

In Biwater Gauff v. United Republic of Tanzania, Procedural Order
Number 3, the Tribunal limited the amount of information that parties to the
arbitration could disclose to third parties.2 In response to that decision, the
petitioners filed a petition for amicus curiae status with the Secretariat of the
International Centre for the Settlement of Investment Disputes (ICSID).3
The petitioners included the Lawyer’s Environmental Action Team, the
Legal and Human Rights Centre, the Tanzania Gender Networking
Programme, the Center for International Environmental Law, and the
International Institute for Sustainable Development.4 The petitioners sought
access to procedural hearings and key documents that had been presented by
the parties.

After reviewing the ICSID Arbitration Rules, the Tribunal allowed the
petitioners an opportunity to file an amicus brief. The Tribunal, however,
denied the petitioners’ request for amicus curiae status, and denied
petitioners’ request to attend the arbitration hearings. Nevertheless, the
Tribunal left open the possibility that the petitioners’ may be granted access
to key arbitral documents after filing their amicus curiae brief.