Empirical Study: Provisional measures in investor‑state arbitration (2023)

BIICL and White & Case are delighted to present our 2023 empirical study on provisional measures in investment treaty arbitration

It builds on the success of the 2019 report on provisional measures ("the 2019 Report"), which has now been extensively cited in academic literature, and decisions of arbitral tribunals and parties' submissions on provisional measures.

The study consists of three parts, summarising key new developments that have occurred since the 2019 Report, exploring procedural efficiency in the resolution of requests for provisional measures, and updating the 2019 Report's findings in accordance with the newly available cases.

This study is co-authored by Yarik Kryvoi, Director of the Investment Treaty Forum of BIICL with David Goldberg 
and Ivan Philippov of White & Case.

Download the report:
David Goldberg, Yarik Kryvoi, Ivan Philippov. Provisional measures in investor-state arbitration, BIICL/White & Case, London, 2023