Book contents
- Frontmatter
- Contents
- Foreword by Professor Sir Elihu Lauterpacht, CBE, QC
- Authors' preface to the second edition
- Table of cases
- List of abbreviations
- Text of the ICSID Convention
- Procedural calendar
- PREAMBLE
- CHAPTER I International Centre for Settlement of Investment Disputes
- CHAPTER II Jurisdiction of the Centre
- CHAPTER III Conciliation
- CHAPTER IV Arbitration
- Article 36 Request for Arbitration
- Article 37 Composition of Tribunal
- Article 38 Appointment by Chairman
- Article 39 Nationality of Arbitrators
- Article 40 Qualities of Arbitrators
- Article 41 Decision on Jurisdiction
- Article 42 Applicable Law
- Article 43 Evidence
- Article 44 Rules on Procedure
- Article 45 Default of a Party
- Article 46 Ancillary Claims
- Article 47 Provisional Measures
- Article 48 Award
- Article 49 Dispatch, Supplementation and Rectification
- Article 50 Interpretation
- Article 51 Revision
- Article 52 Annulment
- Article 53 Binding Force
- Article 54 Enforcement
- Article 55 State Immunity
- CHAPTER V Replacement and Disqualification of Conciliators and Arbitrators
- CHAPTER VI Cost of Proceedings
- CHAPTER VII Place of Proceedings
- CHAPTER VIII Disputes between Contracting States
- CHAPTER IX Amendment
- CHAPTER X Final Provisions
- Final Clause
- Consolidated bibliography
- Index by article
- Index by subject
Article 47 - Provisional Measures
from CHAPTER IV - Arbitration
Published online by Cambridge University Press: 07 September 2010
- Frontmatter
- Contents
- Foreword by Professor Sir Elihu Lauterpacht, CBE, QC
- Authors' preface to the second edition
- Table of cases
- List of abbreviations
- Text of the ICSID Convention
- Procedural calendar
- PREAMBLE
- CHAPTER I International Centre for Settlement of Investment Disputes
- CHAPTER II Jurisdiction of the Centre
- CHAPTER III Conciliation
- CHAPTER IV Arbitration
- Article 36 Request for Arbitration
- Article 37 Composition of Tribunal
- Article 38 Appointment by Chairman
- Article 39 Nationality of Arbitrators
- Article 40 Qualities of Arbitrators
- Article 41 Decision on Jurisdiction
- Article 42 Applicable Law
- Article 43 Evidence
- Article 44 Rules on Procedure
- Article 45 Default of a Party
- Article 46 Ancillary Claims
- Article 47 Provisional Measures
- Article 48 Award
- Article 49 Dispatch, Supplementation and Rectification
- Article 50 Interpretation
- Article 51 Revision
- Article 52 Annulment
- Article 53 Binding Force
- Article 54 Enforcement
- Article 55 State Immunity
- CHAPTER V Replacement and Disqualification of Conciliators and Arbitrators
- CHAPTER VI Cost of Proceedings
- CHAPTER VII Place of Proceedings
- CHAPTER VIII Disputes between Contracting States
- CHAPTER IX Amendment
- CHAPTER X Final Provisions
- Final Clause
- Consolidated bibliography
- Index by article
- Index by subject
Summary
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.
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- Chapter
- Information
- The ICSID ConventionA Commentary, pp. 757 - 804Publisher: Cambridge University PressPrint publication year: 2009
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