Arbitration / Mediation / Litigation Securities

Provisional Measures in Investment Arbitration

Edited by Noah Rubins · Ben Love
Coming Soon Oxford University Press Available March 2044

Specifications

ISBN-13
9780199685790
Publisher
Oxford University Press
Publication
March 2044
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

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.

Table of Contents

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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