Non-governmental
organizations (NGOs) play an increasingly prominent role in investor–state
dispute settlement (ISDS), particularly through participation as amicus curiae.
Their involvement allows tribunals to access broader perspectives on issues
such as human rights, environmental protection, and occasionally corruption.
Yet, this growing visibility could expose NGOs to heightened risks of potential
retaliation from states, including regulatory harassment, reputational attacks,
or even threats to the safety of individuals. While interim measures are a
well-established tool to safeguard parties’ rights in arbitration, their
availability to non-disputing parties such as NGOs remains unclear. This
article argues that the framework for interim measures could be expanded to
include NGOs acting as amicus curiae in ISDS. Swiftly drawing on arbitral
rules, treaty provisions, and comparative practice, it highlights both the
challenges and the potential mechanisms for granting protective relief to NGOs.
Extending interim measures beyond disputing parties would not only help in
shielding NGOs from potential retaliation but also preserve the integrity of
arbitral proceedings. The article concludes by calling for reforms to arbitral
rules and treaty frameworks to empower tribunals with clearer authority to
grant and enforce interim measures for NGOs, thereby ensuring their continued
participation in ISDS.