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The increase in the complexity and length of international
arbitration procedures has resulted in a growing demand for both
provisional and emergency measures to facilitate the preservation
of the parties’ rights until a final award is rendered. In
Provisional and Emergency Measures in International Arbitration,
Julien Fouret has brought together many of the leading
international arbitration practitioners to examine this highly
topical subject. It considers complex issues surrounding the powers
of arbitrators to grant provisional relief, categories and examples
of such measures, procedural and substantive requirements for
ordering an interim measure, the burden and standard of proof as
well as issues of enforceability. Each chapter offers a thorough
analysis both in commercial and investment arbitration. This
important new publication will be beneficial to legal
practitioners, academics a as well as arbitrators who want to gain
a deeper understanding of both the principles and specific rules on
provisional and emergency remedies established under the major
arbitral rules and tribunals.
This original commentary on the ICSID Convention, Regulations and
Rules offers a new, forward-looking and highly practical
interpretation of the Washington Convention and its associated
documents. It is the first commentary to provide systematic
article-by-article coverage not only of the Convention itself, but
also of the institution and arbitration rules as well as the
administrative and financial regulations. Key features include:
Contributions from leading practitioners, academics and government
officials in the field of international investment law and
arbitration, drawn from different backgrounds and jurisdictions to
give an exhaustive view of the topic Analysis of current thinking
around proposed amendments to ICSID Rules, together with an
examination of potential future developments in their
interpretation and implementation Inclusion of the full text of the
Convention, Regulations and Rules provided for ease of reference
Detailed commentary on the Convention, Regulations and Rules,
including up-to-date analysis of all significant case-law. Highly
practical information and insights presented in an accessible
format, ideal for use by Arbitration Tribunals. This unique and
comprehensive work will be an essential resource for practising
lawyers and policy-makers in the investment arbitration community.
The book will also be an important reference work for researchers
and academics in international investment law and international
arbitration.
The growth in cross-border investments in an increasingly
globalised economy means that there are more international disputes
between foreign investors and states than ever before. Investment
treaty arbitration has become the preferred dispute resolution
mechanism for resolving such disputes, however, securing a final
arbitral award is often just the beginning of a complicated
process. Spearheaded by leading arbitration practitioner, Julien
Fouret, this second edition brings together more than 70 experts to
provide substantive analysis of recurring issues at the award
enforcement stage plus practical perspectives on enforcing awards
based on investment treaties. It further explores topics ranging
from the specifics of the International Centre for Settlement of
Investment Disputes mechanism to the enforcement of interim relief
and the issues of sovereign immunity and state entities, as well as
exploring intra-EU BIT disputes and their enforcement consequences.
This edition features additional country-specific chapters and now
covers over 30 jurisdictions, including updated coverage of
applicable international and domestic legal frameworks and reviews
of the most recent practices. Jurisdictions new for this edition
include: Algeria, Belgium, Cameroon, Democratic Republic of the
Congo, Czech Republic, Greece, Lebanon and Romania. Whether you are
an arbitration lawyer in private practice or a user of investment
treaty arbitration, this edition will provide you with holistic,
practical and theoretical insight on the most important step of an
arbitral process against a state or state entity.
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