Interim Measures of Protection in International Investment Arbitration: Challenge to State Sovereignty?
Forthcoming book entitled “INTERIM MEASURES IN INTERNATIONAL ARBITRATION” under the auspices of the International Law Institute, Washington, D.C. in 2014.
22 Pages Posted: 29 Jul 2014
Date Written: July 27, 2014
This paper explores whether in an investor-state arbitration the state sovereignty poses a challenge to the arbitral tribunal in ordering interim measures in aid of arbitration. It also examines whether the arbitral tribunal can order interim measures that are binding on the state party and whether the sovereign status of the state may, in practical terms, influence the considerations of the arbitral tribunal while deciding on the grant of interim measures against the state party. In examining these issues the notion of sovereignty has been looked at through various lenses or perspectives, viz. classical, teleological and objective.
Keywords: Interim Measures, International Investment Arbitration, State Sovereignty
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