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Interim Measures: An Arbitrators Provisional Views

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Chapter Summary

This chapter describes the International Centre for Settlement of Investment Disputes (ICSID) Convention and Arbitration Rules, which represent the quintessential framework for investor-State arbitration, expressly address the operation of the parties' consent. Indeed, under other recognized arbitration frameworks, it is presumed (be it explicitly or implicitly) that courts retain the power to order such relief unless otherwise specified. While the scope of an ICSID tribunal's power to order provisional measures has widened over time, it is significant that the issue of State sovereignty was at the forefront of the drafters' minds was initially crafted. Although the binding nature of an interim measure recommended by an ICSID tribunal is no longer seriously in question, the sovereign character of a State party to an arbitration may, in practical terms, influence the manner in which a tribunal disposes of an application for interim measures. Finally author end with this provisional view.

Keywords: Arbitrator; consent; framework; Interim Measures; Investment Disputes; investor-State; Provisional Views; sovereign; tribunal



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