Reflections on Provisional Measures in Inter-State Arbitration

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Even though modern examples on provisional measures in inter-state arbitration remain limited, one can find some cases in which the prescription of provisional measures was requested by one of the disputing parties in arbitral proceedings. Such cases include: the 2003 MOX Plant arbitration, the 2016 “Enrica Lexie” Incident arbitration, and the 2011 Indus Waters Kishenganga arbitration. The arbitration will provide an interesting case-study when comparing the practice of international courts and tribunals concerning provisional measures. Thus this chapter examines provisional measures in inter-state arbitration by analysing the three cases as examples. This chapter first addresses the legal basis for prescribing provisional measures by inter-state arbitral tribunals and the issue of dual provisional measures. Next, this chapter examines the requirements for an arbitral tribunal to prescribe provisional measures. This chapter then moves on to analyse the manner of examination of the requirements by an arbitral tribunal. Finally, the issue of compliance with provisional measures will be discussed.
Original languageEnglish
Title of host publicationProvisional Measures Issued by International Courts and Tribunals
EditorsFluvio Maria Palombino, Roberto Virzo, Giovanni Zarra
Number of pages26
Place of PublicationThe Hague
PublisherSpringer
Publication date2021
Pages171-196
ChapterChapter 9
ISBN (Print)9789462654105
ISBN (Electronic)9789462654112
DOIs
Publication statusPublished - 2021

ID: 254525508