PROVISIONAL MEASURES IN RECENT ICSID PROCEEDINGS: WHAT PARTIES REQUEST AND WHAT TRIBUNALS ORDER

Abstract

Abstract This chapter provides an overview of recent ICSID decisions on provisional measures in an attempt to identify the common approaches adopted by arbitral tribunals in directing or recommending parties to maintain a certain conduct pending resolution of a dispute. The practice of ICSID tribunals shows that provisional measures are disposed of with reasonable speed. Depending on the circumstances, the delays range on average from a minimum of one month to a maximum of one year between the time a request is introduced and when an order is issued by a tribunal. From what can be ascertained from the cases decided to date, where tribunals' decisions relating to provisional measures have been made public, parties usually exchange written submissions and it is not uncommon for tribunals to convene brief oral hearings or hold conference calls specifically devoted to requests for provisional measures.