Investor Presentaiton
105
I. Provisional measures
Investment tribunals have the authority to order provisional
measures, also frequently referred to as interim measures of
protection. A provisional measure is "a remedy or a relief that is
aimed at safeguarding the rights of parties to a dispute pending its
final resolution."
102
1. Types of provisional measures
Provisional measures can be grouped into three broad
categories: (i) measures related to the preservation of evidence; (ii)
measures related to the conduct of the arbitration and the relations
between the parties; and (iii) measures designed to facilitate the
enforcement of any eventual award. 103
An example of the first category would be a tribunal ordering a
party to preserve certain evidence that could otherwise be destroyed,
either deliberately to frustrate the collection of evidence or
inadvertently in the course of a regular document purging process.
In investment arbitration, this might involve requesting that
documents in the control of an expropriated company be
preserved.
104
The second category of provisional measures is broader, and
usually involves protecting a legal right. This might involve an order
requiring a party to continue to perform a contract pending the
outcome of any award in order to prevent further damage, or an
order not to alienate property so that it can be restored to the
complaining party if necessary.
102
103
A. Yeşilırmak, 2005, p. 5.
Ibid., pp. 11-12.
104 Malintoppi, 2009, pp. 157, 162–164.
UNCTAD Series on International Investment Agreements IIView entire presentation