Provisional Measures in Investment Arbitration

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Noah Rubins (Partner, Partner, Freshfields Bruckhaus Deringer LLP) Ben Love (Senior Associate, Senior Associate, Freshfields Bruckhaus Deringer LLP)

Provisional Measures in Investment Arbitration

Noah Rubins (Partner, Partner, Freshfields Bruckhaus Deringer LLP), Ben Love (Senior Associate, Senior Associate, Freshfields Bruckhaus Deringer LLP)

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English

Oxford University Press
18 February 2016

Investment treaties & disputes; International courts & procedures; International arbitration; Arbitration, mediation & alternative dispute resolution

Series: Oxford International Arbitration Series

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 relevant to 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 provisional measures in investment arbitration.

By: Noah Rubins (Partner Partner Freshfields Bruckhaus Deringer LLP), Ben Love (Senior Associate, Senior Associate, Freshfields Bruckhaus Deringer LLP)
Imprint: Oxford University Press
Country of Publication: United Kingdom
Dimensions: Height: 246mm, Width: 171mm,
ISBN: 9780199685790
ISBN 10: 0199685797
Series: Oxford International Arbitration Series
Pages: 392
Publication Date: 18 February 2016
Audience: College/higher education , Professional and scholarly , Primary , Undergraduate
Format: Hardback
Publisher's Status: Active

Part I: Overview and Basic Texts 1: Overview of Provisional Measures 2: Basic Texts Part II: Requirements for Granting Provisional Measures 3: Prima Facie Jurisdiction 4: Merits of the Claim 5: Urgency of the Requested Measures 6: Duration of the Requested Measures 7: Necessity of the Requested Measures 8: Prejudice to the Other Party 9: Other Limiting Factors Part III: Provisional Measures and Parallel Proceedings 10: Provisional Measures in Aid of Arbitration 11: Provisional Measures Impacting Parallel Proceedings Part IV: Enforcement of Provisional Measures 12: Enforcement Tools Available to Arbitrators 13: Enforcement Tools Available to the Parties 14: Enforcement in National Courts Part V: The Future of Provisional Measures 15: Increase in Scope of Measures Granted 16: Provisional Measures as a Tool for Harmonization

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 arbitration in the former Soviet Union and eastern Europe. Ben Love is a senior associate in the international arbitration and public international law groups of the Paris office of Freshfields Bruckhaus Deringer LLP. He has acted as counsel in more than 30 investment treaty arbitrations and has advised clients on a wide range of public international law issues. He serves on the Peer Review Board of the ICSID Review: Foreign Investment Law Journal, as a Corresponding Editor of International Legal Materials, and has written a number of book chapters and articles on topics related to public international law and international arbitration.