In international arbitration, interim measures, also known as “provisional” or “conservatory” measures, are temporary remedies issued by an arbitral tribunal to protect parties’ rights, preserve assets or maintain the status quo until a final award is issued. They are comparable to injunctions in litigation but tailored for the arbitration process. Examples of interim measures include, inter […]
Enforcement of Emergency Arbitration Decisions
Many leading arbitration institutions have adopted rules containing provisions regarding emergency arbitrators. Although the applicability of these types of provisions has been widely discussed, there is still little experience, especially regarding the enforcement of such decisions against a recalcitrant party. What Is Emergency Arbitration? The most widely used definition of emergency arbitration defines it as […]
Conservative and Interim Measures in ICC Arbitration
Conservative and interim measures (sometimes called provisional measures) represent an important tool in international arbitration designed to protect the parties’ interests while awaiting the resolution of their dispute via a final award. These measures may often appear essential “[o]wing to the time gap between the commencement of the arbitration, the substantive hearing and the final […]
Provisional Measures in International Arbitration
Provisional measures can be an effective instrument to protect parties’ rights in arbitration. Although there is no widely accepted definition, provisional measures are, in general terms, remedies or relief whose purpose is to safeguard parties’ rights. In international arbitration, institutional rules are generally silent as to the standards and principles for the granting of provisional […]
Discriminatory, Unreasonable and/or Arbitrary Measures in Investment Arbitration
The prohibition of discriminatory, unreasonable and/or arbitrary measures affecting investors’ investments normally figures among the protection standards provided by bilateral or multilateral investment treaties. Although it is considered as an independent basis for a finding of State responsibility, some arbitral tribunals have considered that the standard of protection against arbitrariness or discrimination is closely linked […]