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Coming Soon Provisional Measures in Investment Arbitration

Provisional Measures in Investment Arbitration

  • Author:
  • Publisher: Oxford University Press
  • ISBN: 9780199685790
  • Published In: February 2020
  • Format: Hardback
  • Jurisdiction: U.K. ? Disclaimer:
    Countri(es) stated herein are used as reference only

List Price: HKD 1,562.50

HKD 1,468.75 Save HKD 93.75 (6%)

Delivery Time: around 3-4 weeks ?Extra 2-10 working days for address outside Hong Kong
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Most pre-orders will be dispatched on, or before publication date and we will make every effort to make sure they arrive with you as close to publication date as we can.

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  • Description 
  • Contents 
  • Details

    Provisional measures are an increasingly important mechanism for investment protection in investment arbitration. There is a critical mass of jurisprudence as well as numerous cases that have exhibited novel uses for provisional measures, calling for a thorough examination. Rubins and Love's work is the first to provide in-depth coverage of this increasingly important subject and their work provides an invaluable academic and practical resource.

    The book is organized by topic and covers the full range of jurisprudence to date, using comparative legal analysis to shed light on each issue. It provides an overview of provisional measures and their function in investment arbitration, including the basic legal documents and provisions relevant to the topic. The authors set out the elements considered in granting provisional measures, discuss the two key issues of the relationship of provisional measures with parallel proceedings, analyse the enforcement of provisional measures, and assess the future direction and growth of provisional measures in investment arbitration.

  • PART I: OVERVIEW AND BASIC TEXTS
    1. Overview of Provisional Measures
    2. Basic Texts

    PART II: REQUIREMENTS FOR GRANTING PROVISIONAL MEASURES
    3. Prima Facie Jurisdiction
    4. Merits of the Claim
    5. Urgency of the Requested Measures
    6. Duration of the Requested Measures
    7. Necessity of the Requested Measures
    8. Prejudice to the Other Party
    9. Other Limiting Factors

    PART III: PROVISIONAL MEASURES AND PARALLEL PROCEEDINGS
    10. Provisional Measures in Aid of Arbitration
    11. Provisional Measures Impacting Parallel Proceedings

    PART IV: ENFORCEMENT OF PROVISIONAL MEASURES
    12. Enforcement Tools Available to Arbitrators
    13. Enforcement Tools Available to the Parties
    14. Enforcement in National Courts

    PART V: THE FUTURE OF PROVISIONAL MEASURES
    15. Increase in Scope of Measures Granted
    16. Provisional Measures as a Tool for Harmonization

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