Provisional Measures in Investment Arbitration

Hardcover | May 16, 2017

byNoah Rubins, Ben Love

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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'swork 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 relevantto 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 provisionalmeasures in investment arbitration.

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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'swork is the first to provide in-depth coverag...

Noah Rubins is a partner in the international arbitration and public international law groups of Freshfields Bruckhaus Deringer LLP, based in Paris, and serves as the head of Freshfields' global CIS/Russia dispute resolution practice. US-trained, his practice focuses on commercial and investment disptues in the energy sector and arbitr...

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Format:HardcoverDimensions:392 pagesPublished:May 16, 2017Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199685797

ISBN - 13:9780199685790

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Table of Contents

Part I: Overview and Basic Texts1. Overview of Provisional Measures2. Basic TextsPart II: Requirements for Granting Provisional Measures3. Prima Facie Jurisdiction4. Merits of the Claim5. Urgency of the Requested Measures6. Duration of the Requested Measures7. Necessity of the Requested Measures8. Prejudice to the Other Party9. Other Limiting FactorsPart III: Provisional Measures and Parallel Proceedings10. Provisional Measures in Aid of Arbitration11. Provisional Measures Impacting Parallel ProceedingsPart IV: Enforcement of Provisional Measures12. Enforcement Tools Available to Arbitrators13. Enforcement Tools Available to the Parties14. Enforcement in National CourtsPart V: The Future of Provisional Measures15. Increase in Scope of Measures Granted16. Provisional Measures as a Tool for Harmonization