Provisional Measures in Investment Arbitration

Auteur
Noah Rubins is a partner in the international arbitration and public international law groups of Freshfields Bruckhaus Deringer LLP, based in Paris, and serves as the head of Freshfields' global CIS/Russia dispute resolution practice. US-trained, his practice focuses on commercial and investment disptues in the energy sector and arbitration in the former Soviet Union and eastern Europe. Ben Love is a senior associate in the international arbitration and public international law groups of the Paris office of Freshfields Bruckhaus Deringer LLP. He has acted as counsel in more than 30 investment treaty arbitrations and has advised clients on a wide range of public international law issues. He serves on the Peer Review Board of the ICSID Review: Foreign Investment Law Journal, as a Corresponding Editor of International Legal Materials, and has written a number of book chapters and articles on topics related to public international law and international arbitration.

Texte du rabat

The first comprehensive study of the law and jurisprudence on provisional measures in investment arbitration as an important mechanism for investment protection.

Résumé
Provisional measures are an increasingly important mechanism for investment protection in investment arbitration. There is a critical mass of jurisprudence as well as numerous cases that have exhibited novel uses for provisional measures, calling for a thorough examination. Rubins and Love's work is the first to provide in-depth coverage of this increasingly important subject and their work provides an invaluable academic and practical resource. The book is organized by topic and covers the full range of jurisprudence to date, using comparative legal analysis to shed light on each issue. It provides an overview of provisional measures and their function in investment arbitration, including the basic legal documents and provisions relevant to the topic. The authors set out the elements considered in granting provisional measures, discuss the two key issues of the relationship of provisional measures with parallel proceedings, analyse the enforcement of provisional measures, and assess the future direction and growth of provisional measures in investment arbitration.

Contenu

• Part I: Overview and Basic Texts

• 1: Overview of Provisional Measures

• 2: Basic Texts

• Part II: Requirements for Granting Provisional Measures

• 3: Prima Facie Jurisdiction

• 4: Merits of the Claim

• 5: Urgency of the Requested Measures

• 6: Duration of the Requested Measures

• 7: Necessity of the Requested Measures

• 8: Prejudice to the Other Party

• 9: Other Limiting Factors

• Part III: Provisional Measures and Parallel Proceedings

• 10: Provisional Measures in Aid of Arbitration

• 11: Provisional Measures Impacting Parallel Proceedings

• Part IV: Enforcement of Provisional Measures

• 12: Enforcement Tools Available to Arbitrators

• 13: Enforcement Tools Available to the Parties

• 14: Enforcement in National Courts

• Part V: The Future of Provisional Measures

• 15: Increase in Scope of Measures Granted

• 16: Provisional Measures as a Tool for Harmonization