Amicus curiae submissions Clause Samples
An amicus curiae submissions clause defines the process by which third parties, not directly involved in a legal case, may provide information or arguments to the court to assist in its decision-making. Typically, this clause outlines who may submit such briefs, the format and timing required, and any limitations on their content or length. By establishing clear guidelines for these submissions, the clause ensures that the court receives relevant external perspectives in an organized manner, helping to inform judicial decisions without disrupting the proceedings.
Amicus curiae submissions. Unless the Parties agree otherwise within three days of the date of the establishment of the arbitration panel, the arbitration panel may receive unsolicited written submissions from natural or legal persons established in the territory of a Party who are independent from the governments of the Parties, provided that they are made within 10 days of the date of the establishment of the arbitration panel, that they are concise and in no case longer than 15 pages typed at double space, and that they are directly relevant to a factual or a legal issue under consideration by the arbitration panel.
Amicus curiae submissions. 39. Unless the Parties agree otherwise within five days of the date of the establishment of the panel, the panel may receive unsolicited written submissions from natural persons of a Party or legal persons established in the territory of a Party who are independent from the governments of the Parties, provided that they:
(a) are received by the panel within ten days of the date of the establishment of the panel;
(b) are concise and in no case longer than fifteen pages, including any annexes, typed at double space;
(c) are directly relevant to a factual or a legal issue under consideration by the panel;
(d) contain a description of the person making the submission, including for a natural person his or her nationality and for a legal person its place of establishment, the nature of its activities, its legal status, its general objectives and its source of financing;
Amicus curiae submissions. 1. Unless the Parties agree otherwise within five (5) days of the date of the establishment of the arbitration panel, the arbitration panel may receive unsolicited written submissions from a natural person of a Party or a legal person established in the territory of a Party that is independent from the governments of the Parties, provided that they:
(a) are received by the arbitration panel within ten (10) days of the date of the establishment of the arbitration panel;
(b) are directly relevant to a factual or a legal issue under consideration by the arbitration panel;
(c) contain a description of the person making the submission, including for a natural person his or her nationality and for a legal person its place of establishment, the nature of its activities, its legal status, its general objectives and its source of financing;
(d) specify the nature of the interest that the person has in the arbitration panel proceedings; and
(e) are drafted in the languages chosen by the Parties in accordance with Article 15(1) and
Amicus curiae submissions. 1. Unless the Parties agree otherwise within three days of the date of the establishment of the arbitration panel, the arbitration panel may receive unsolicited written submissions from interested natural or legal persons of the Parties, provided that they are made within 10 days of the date of the establishment of the arbitration panel, that they are concise and in no case longer than 15 typed pages, including any annexes, and that they are directly relevant to the factual and legal issues under consideration by the arbitration panel.
2. The submission shall contain a description of the person making the submission, whether natural or legal, including its nationality or place of establishment, the nature of its activities and the source of its financing, and specify the nature of the interest that the person has in the arbitration proceeding.
3. The arbitration panel shall list in its ruling all the submissions it has received that conform to paragraphs 1 and 2. The arbitration panel shall not be obliged to address in its ruling the factual or legal arguments made in such submissions. Any submission obtained by the arbitration panel under this Article shall be submitted to the Parties for their comments.
Amicus curiae submissions. The arbitral tribunal shall have the authority to accept and consider amicus curiae submissions from any persons and entities in the territories of the disputing Parties and from interested persons and entities outside the territory of the disputing Parties.
