Empirical Study: Provisional Measures in Investor-State Arbitration
Provisional Measures in Investor-State Arbitration, BIICL/ White & Case, London, 2019
42 Pages Posted: 16 Dec 2019 Last revised: 13 Jan 2022
Date Written: 2019
This first comprehensive empirical study on provisional measures in investment treaty arbitration examines more than a hundred decisions and orders rendered by ICSID, UNCITRAL and other investor-state tribunals. It offers an 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 (114 in total).
Acknowledging that many such decisions remain unpublished, it aims at providing insights for a better understanding of the evolving jurisprudence based on the published decisions of tribunals.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.
The study analyzes the applicable law in decisions on provisional measures, the parties making provisional measures requests, applicable arbitration rules, the types of provisional measures, the requirements for the granting of provisional measures, as well as the effect of provisional measures.
Keywords: ICSID, ISDS, UNCITRAL, Investment arbitration, interim measures, interim relief, interim protection
JEL Classification: K40, K41, K33, K42, K49
Suggested Citation: Suggested Citation