Protection in International Investment Arbitration: Challenge to State Sovereignty?
D. Ziyaeva (ed.), INTERIM AND EMERGENCY RELIEF IN INTERNATIONAL ARBITRATION (Juris, 2015) - International Law Institute Series on International Law, Arbitration and Practice (Washington, D.C.)
Posted: 7 Nov 2015
Date Written: February 4, 2015
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 in Arbitration, International Investment Arbitration, Sovereignty and Interim Measures, Conservatory Measures in Arbitration
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