We use cookies on this site to provide you with an informative and engaging experience and also to help us to continually improve our site for you. Without allowing cookies certain features of the site will not be available. To learn more about how we use cookies, please view our cookie policy. By clicking on ‘I AGREE’, you consent to our use of cookies on this device in accordance with our policy.

Logo of Wolters Kluwer, Kluwer Law Online
Journal of International Arbitration
Search content button

Home > All journals > Journal of International Arbitration > 34(2) >

Emergency Relief in Investment Treaty Arbitration: A Word of Caution

Cover image ofJournal of International Arbitration

$25.00 - Rental (PDF) *

$49.00 - Article (PDF) *

*service fee may apply
Emergency Relief in Investment Treaty Arbitration: A Word of Caution


Journal of International Arbitration
Volume 34, Issue 2 (2017) pp. 239 – 255

https://doi.org/10.54648/joia2017013



Abstract

Emergency interim relief – a procedure widely available in commercial arbitration – is now being put to use in investment treaty cases. Five documented cases of emergency interim relief in the investment treaty context are known today. The article discusses these cases and uses them as a basis for assessing some of the issues that are likely to arise with the application of emergency interim relief in future investment treaty cases. The article argues that emergency interim relief in its current form, an instrument developed with commercial arbitration in mind, may not be entirely suitable for investment treaty arbitration, due to the unique features of the latter. While acknowledging the utility of emergency interim relief in investment treaty arbitration, the article suggests that the existing rules regarding emergency interim relief and the treatment of emergency relief applications by emergency arbitrators could be changed to adequately take into account challenges unique to investment treaty arbitration.


Extract




Subscribe to this journal

Interested in a subscription? Contact our sales team

Browse by practice area
Share
Stay up to date


RSSETOC