Provisional Measures in Investment Arbitration
Series: Oxford International Arbitration Series;
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Product details:
- Publisher OUP Oxford
- Date of Publication 31 March 2044
- ISBN 9780199685790
- Binding Hardback
- No. of pages392 pages
- Size 246x171 mm
- Language English 0
Categories
Long description:
Provisional measures are an increasingly important mechanism for investment protection in investment arbitration. There is a critical mass of jurisprudence as well as numerous cases that have exhibited novel uses for provisional measures, calling for a thorough examination. Rubins and Love's work is the first to provide in-depth coverage of this increasingly important subject and their work provides an invaluable academic and practical resource.
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.
Table of Contents:
Part I: Overview and Basic Texts
Overview of Provisional Measures
Basic Texts
Part II: Requirements for Granting Provisional Measures
Prima Facie Jurisdiction
Merits of the Claim
Urgency of the Requested Measures
Duration of the Requested Measures
Necessity of the Requested Measures
Prejudice to the Other Party
Other Limiting Factors
Part III: Provisional Measures and Parallel Proceedings
Provisional Measures in Aid of Arbitration
Provisional Measures Impacting Parallel Proceedings
Part IV: Enforcement of Provisional Measures
Enforcement Tools Available to Arbitrators
Enforcement Tools Available to the Parties
Enforcement in National Courts
Part V: The Future of Provisional Measures
Increase in Scope of Measures Granted
Provisional Measures as a Tool for Harmonization
