The Tribunal in Koch Industries, Inc. and Koch Supply & Trading, LP v. Canada (ICSID Case No. ARB/20/52) invites any person or entity that is not a disputing party in this arbitration to apply to the Tribunal by March 17, 2022, for permission to file a written submission as an amicus curiae. In this regard, the Tribunal will be guided by the Statement of the NAFTA Free Trade Commission on non-disputing party participation. In particular:
1. The application for permission to file an amicus curiae submission shall:
a. be made in writing, dated and signed by the person filing the application, and include the address and other contact details of the applicant;
b. be no longer than 5 typed pages;
c. describe the applicant, including, where relevant, its membership and legal status (e.g., company, trade association or other non-governmental organization), its general objectives, the nature of its activities, and any parent organization (including any organization that directly or indirectly controls the applicant);
d. disclose whether or not the applicant has any affiliation, direct or indirect, with any disputing party;
e. identify any government, person or organization that has provided any financial or other assistance in preparing the submission;
f. specify the nature of the interest that the applicant has in the arbitration;
g. identify the specific issues of fact or law in the arbitration that the applicant has addressed in its written submission;
h. explain, by reference to the factors specified in paragraph 6 of the Statement of the NAFTA Free Trade Commission, why the Tribunal should accept the submission; and
i. be made in the language of the arbitration (English).
2. The submission shall be attached to the application and:
a. be dated and signed by the person filing the submission;
b. be concise, and in no case longer than 20 typed pages, including any appendices;
c. set out a precise statement supporting the applicant's position on the issues; and
d. only address matters within the scope of the dispute.
3. The application and the attached submission should be filed by email to: firstname.lastname@example.org.