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Emmanuelle Cabrol, Partner Herbert Smith LLP

Provisional measures in ICSID arbitration. Emmanuelle Cabrol, Partner Herbert Smith LLP. 15th Investment Treaty Forum, 10 September 2010. Article 47 – Washington Convention.

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Emmanuelle Cabrol, Partner Herbert Smith LLP

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  1. Provisional measures in ICSID arbitration Emmanuelle Cabrol, Partner Herbert Smith LLP 15th Investment Treaty Forum, 10 September 2010

  2. Article 47 – Washington Convention • “the Tribunal may, if it considers that the circumstances so require, recommend any provisional measures which should be taken to preserve the respective rights of either party”

  3. ICSID Public decisions on provisional measures

  4. ICSID – public decisionsHow successful?

  5. ICSID – all known decisionsHow successful?

  6. Test if “the circumstances so require” “ to preserve rights” • Prima facie jurisdiction • Right to be preserved • Urgency • Necessity (risk of irreparable harm?) • Balance

  7. ICSID Public decisions on provisional measures

  8. ICSID – public decisionsReasons for refusal

  9. ICSID – public decisionsType of measurerequested

  10. ICSID – public decisionsSuccess rate by measure requested

  11. ICSID – public decisionsTiming

  12. Alliance offices

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