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This paper explores the rhetoric surrounding Non Governmental Organizations, NGOs, participation in the context of foreign investment arbitration. It argues that public participation is a crucial part of the investment arbitration mindset, not in a subsidiary role or as a mere legitimating devise, but as an expression of a substantial world view —which I call here the "public interest narrative" in foreign investment arbitration. The argument, though, is not normative, but rather seeks to show that, far from being a mere goal, this "public interest narrative" is a central aspect of investment arbitration today. To make this point, the paper explores three iconic cases: Methanex (under NAFTA/UNCITRAL), Aguas de Tunari (ICSID), and Biwater (the first case tried in its entirety under ICSID's Rule 37). The paper concludes that scholars and practitioners working in foreign investment law would be well advised in going beyond the view that participation in arbitral procedures is a contentious issue pushed by some activists in Geneva or Washington D.C. Participation is here to stay, and seems to be affecting, in very crucial ways, the substantive (and financial) outcome of arbitral procedures. [ABSTRACT FROM AUTHOR]

In this paper, the author analyzes the restrictions imposed on party autonomy to set the arbitration procedure, derived from Constitutional Law inter alia. He does so, through a comparative exercise that deals with the case of amigable composición as an example of ADR whose contractual nature favors party autonomy. In order to demonstrate that the constituent and the Colombian legislator could have further favor party autonomy in arbitration, the author analyses the similarities between these two mechanisms. Thus, through an investigation on the roots, regulation and jurisprudential evolution of amigable composición in Colombia and in comparative law, he identifies why there are so many differences in the practice of these proceedings. [ABSTRACT FROM AUTHOR]

This paper deals with the emergence of private authority in contemporary global governance through the role taken by global law firms in the management of a particular international regime, such as the international investment arbitration. The aim of the research is to demonstrate the presence and influence of private actors in managing global agendas, issues, and affairs. Such role derives from their consideration as authorities of private nature. ICSID arbitrations related with the 1999-2002 Argentinian crises are the case study in order to illustrate the presence of private authority in the direction of an international regime. [ABSTRACT FROM AUTHOR]

With the adoption of the national status of domestic and international arbitration, Colombia took a big step in arbitration, the contributions of the Law 1563 of 2012 are novel for arbitration, especially regarding precautionary measures of different types, i.e., nominated and nameless. However, it is necessary to refer to the application, recital and practice of these measures can be taken in two periods: before and after being notified by the defendant in an arbitration process. However, the 1563 Act of 2012 presents a gap in the adoption of precautionary measures called early, so the Hotbed of Litigation in this paper makes a proposal based on international arbitration, to be regulated in Colombia this figure and so ensure that the arbitration process will safeguard effectively the rights recognized by substantive law, as envisaged in the General Code of Procedure and the Constitution of Colombia. This research figures such as the arbiters of urgency, the pre-arbitration and judicial support the theory of the referees as an open catalog of possibilities will be presented in front of experts in the field to take the best option refers to domestic arbitration is appropriate to the implementation of precautionary measures and anticipatory unnamed in the arbitration process in Colombia. [ABSTRACT FROM AUTHOR]

The present paper is a bibliographical overview which constitutes the author's first document presented for his PhD in Law from the Universidad Javeriana. It presents the latest studies on formalisation and judicialisation of arbitration in some legal systems in Latin America. For this purpose, it will deal with matters such as the definition of the legal nature of arbitration, monism and dualism in legislative structures, the constitutionalisation of the figure and phenomenon of judicial intervention. [ABSTRACT FROM AUTHOR]