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INTERNATIONAL CENTRE FOR SETTLEMENT OF INVESTMENT DISPUTES
Honduras Próspera Inc., St. John's Bay Development Company LLC, and Próspera
Arbitration Center LLC
v.
Republic of Honduras
(ICSID Case No. ARB/23/2)
PROCEDURAL ORDER No. 3
On Applications to Intervene by Amicus Curiae
Members of the Tribunal
Prof. Juan Fernández-Armesto, President of the Tribunal
Mr. David W. Rivkin, Arbitrator
Prof. Raúl E. Vinuesa, Arbitrator
Secretary of the Tribunal
Mr. Marco Tulio Montañés-Rumayor
Assistant of the Tribunal
Mr. Antonio Gordillo
15 December 2024
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1. In accordance with Article 10.20.3 of the Dominican Republic-Central America-United States Free Trade Agreement (“CAFTA-DR”) and ICSID Arbitration Rule 67, the Tribunal invites any person or entity that is not a Party to the dispute (“Disputing Party”) or a Contracting Party to CAFTA-DR (“Contracting Party”) to make a written application to the Tribunal for permission to file submissions as an amicus curiae.
2. All such written applications should1:
(i) be emailed to ICSID at [email protected] by 10 January 2025;
(ii) in no case exceed five (5) pages, single-spaced;
(iii) be presented in English and Spanish;
(iv) be dated and signed by the person or by an authorized signatory for the entity making the application verifying its contents, with address and other contact details;
(v) describe the identity and background of the applicant, the nature of any membership if it is an organization and the nature of any relationships to the Disputing Parties and any Contracting Party;
(vi) disclose whether the applicant has received, directly or indirectly, any financial or other material support from any Disputing Party, Contracting Party or from any person connected with the subject-matter of these arbitration proceedings;
(vii) specify the nature of the applicant's interest in these arbitration proceedings prompting its application;
(viii) identify the issues of fact or law to be addressed in a written submission and why the applicant can bring perspective or insight distinct from the Disputing Parties; and
1 In case of any inconsistency between this Procedural Order (“PO3”) and paragraphs 19.3.1 and 19.3.2 of Procedural Order No.1, PO3 shall prevail. ↩
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(ix) explain, insofar as not already answered, the reason(s) why the Tribunal should grant permission to the applicant to file its written submissions in this proceeding as an amicus curiae.
On behalf of the Tribunal,
[Signed]
Prof. Juan Fernández-Armesto
President of the Tribunal