INTRODUCTION

Provisional measures (interim, protective, conservatory measures) are a common feature in national as well as international adjudication and arbitration. The most famous example of a provision concerning conservatory or provisional measures is Art. 41 of the Statute of the International Court of Justice, which served as a model in the drafting of Art. 47 of the ICSID Convention (History, Vol. II, pp. 668, 813). Nevertheless, the mixed nature of ICSID proceedings, certain special features of ICSID procedure (see para. 48 infra) and the specific wording of this provision have given Art. 47 of the Convention its own characteristics. The authority to issue provisional measures is also provided for in other instruments governing international adjudication. These include the International Law Commission's 1958 Model Rules on Arbitral Procedure (Art. 20), the 1998 International Chamber of Commerce Rules of Arbitration (Art. 23), the 2006 Rules of the Arbitration Institute of the Stockholm Chamber of Commerce (Art. 32), the 1996 CAMCA Arbitration Rules (Art. 23), the London Court of Arbitration Rules (Art. 25), the 1976 UNCITRAL Arbitration Rules (Art. 26) and the 1985 UNCITRAL Model Law as amended in 2006 (Chapter IV A).

The purpose of provisional measures is to induce behaviour by the parties that is conducive to a successful outcome of the proceedings such as securing discovery of evidence, preserving the parties' rights, preventing self-help, safeguarding the awards' eventual implementation and generally keeping the peace.