Authors: Michael Alexander Fernández, Gustavo Favero Vaughn & Fernando Figueiredo Ponzini* Jurisdiction: Brazil Topics: Provisional Measures “[I]f arbitration is to work, national courts must stand at the ready.”[1] National courts—particularly...
Search Results for : "Provisional Measures"
...Provisional Measures Order, 2007 I.C.J. 3, ¶ 32 (Jan. 23); Plama Consortium Limited v. Republic of Bulg., ICSID Case No. ARB/03/24, Order regarding Provisional Measures, ¶ 46 (Sept. 6, 2005),...
Interim Measures in International Arbitration: The Case for Applying High ...
...Arbitration led the change regarding this issue by introducing Article 26, thereby recognising a tribunal’s power to issue urgent and provisional measures provided that they were “not barred by mandatory...
The Recent Amendment of Italy’s Arbitration Law and the Ongoing ...
...of the CAS and render the enforcement of its awards difficult. 3. Provisional Measures Provisional measures, governed by Article R37 of the CAS Code,[11] are often instrumental in CAS...
Proposals to Amend the Code of the Court of Arbitration ...
...(“Convention” or “ICSID Convention”) do not distinguish between anti-suit injunctions and other provisional measures. The ICSID Convention does not provide for a specific rule regarding anti-suit injunctions. Article 47 of...
A Multi-Factor Test for Anti-suit Injunctions in ICSID Arbitration – ...
...possibility of immediate relief prior to the constitution of a tribunal. To obtain provisional measures in such circumstances, parties were required to resort to national courts. And thus international disputes...