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2019 Empirical study: Provisional measures in investor‑state arbitration

Professor Yarik Kryvoi

BIICL and White & Case complete a research project on provisional measures in investment arbitration

On 27 November BIICL and White & Case presented the first comprehensive empirical study on provisional measures in investment treaty arbitration. The study examines over a hundred decisions and orders rendered by ICSID, UNCITRAL and other investor-state tribunals. It offers a unique insight into how international tribunals treat applications for provisional measures.

Over the past 20 years, we have seen a dramatic increase in the number of investor-state disputes and in the number of applications for provisional measures. The study builds on a detailed examination of the entire universe of publicly available decisions and orders on provisional measures.

It aims at providing insights for a better understanding of the evolving jurisprudence based on the published decisions of tribunals. It demonstrates the trends and practices on key issues such as criteria used by tribunals to grant provisional measures and their understanding of such criteria, success rate by applicable arbitration rules and measures requested as well as the cases most frequently relied upon by international tribunals.

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

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