Investor Presentaiton

142 INVESTOR-STATE DISPUTE SETTLEMENT: A SEQUEL a) the evidence that has been tendered to the Tribunal;[163] b) copies of all pleadings filed in the arbitration; and c) the written argument of the disputing parties. 2. The Party receiving information pursuant to paragraph I shall treat the information as if it were a disputing Party. Article 832: Participation by the Non-Disputing Party 1. On written notice to the disputing parties, the non- disputing Party may make submissions to a Tribunal on a question of interpretation of this Agreement. 2. The non-disputing Party shall have the right to attend any hearings held under this Section, whether or not it makes submissions to the Tribunal." The right of a non-disputing party to make a written submission should arguably be implied, even when an IIA does not explicitly provide for it. Where interventions by all of the other treaty parties support the respondent State's interpretations, this may be seen as subsequent practice expressing a common intent in accordance with Article 31(3)(b) of the Vienna Convention on the Law of Treaties and thus should be given considerable weight." 164 There are other ways for States to influence the interpretative process, including the release of travaux préparatoires, statements adopted in the context of treaty ratification or the issuance of multilateral declarations." These mechanisms should be available 165 163 Since evidence in disputes can be extremely voluminous, some IIAS entitle the non-disputing party to receive only the notice of the claim and the written pleadings of the parties. An example is Article 10.28 of the Panama-Taiwan FTA (2003). 164 Roberts, 2010, p. 219. 165 See further, UNCTAD, 2011b. UNCTAD Series on International Investment Agreements II

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