ITF Meeting: Provisional Measures in Investor-State Arbitration

Event Details

BIICL, in conjunction with White & Case, is delighted to present the first comprehensive empirical study on provisional measures in investment treaty arbitration.

The study examines over a hundred of decisions and orders rendered by ICSID, UNCITRAL and other investor-state tribunals. Based on the collected empirical data, it demonstrates the trends and practice on issues such as:

• Criteria used by tribunals to grant provisional measures (e.g., urgency, necessity, irreparable harm) and how they understand them
• Success rate by applicable arbitration rules (ICSID, ICSID Additional Facility, SCC, UNCITRAL)
• Success rate depending on whether the requesting party is state or investor
• Measures requested and success rate (non-aggravation of dispute, stay of local proceedings, preservation of investment, stay of criminal investigation, security for costs, etc.)
• Cases most frequently relied upon by tribunals to render decisions and orders on provisional measures.

To discuss the findings of the study and their implications, the event will bring together leading arbitrators, practitioners and academics.

Chair

Hilary Heilbron QC, Brick Court Chambers

Speakers:

• David Goldberg, White & Case
• Gavan Griffith QC, Essex Court Chambers
• Yarik Kryvoi, British Institute of International and Comparative Law
• Ivan Philippov, White & Case

    
Event convened by Prof Yarik Kryvoi, Senior Research Fellow in International Economic Law and Director of the Investment Treaty Forum.

  
Join the conversation @BIICL #itflaw #ISDS

Audio recording