Non-Disputing Party Submissions - Additional Facility Arbitration

Tribunals may accept submissions by non–disputing parties after consulting both parties (Article 41(3) of the Arbitration (Additional Facility) Rules).

A non-disputing party is an individual or entity that is not a party to the dispute, but asks the Tribunal’s permission to file a written submission in the case.

The non-disputing party’s role is to assist the Tribunal in deciding the dispute by providing a perspective different from that of the parties, via the submission of a written brief.

When considering whether to grant the request, the Tribunal takes into account factors such as (Article 41(3) of the Arbitration (Additional Facility) Rules):

• whether the submission would assist the Tribunal by providing a perspective different from the disputing parties;
• whether the submission would address a matter within the scope of the dispute; and
• whether the non–disputing party has a significant interest in the proceeding.