This article focuses on recent developments in the rules, treaties, and decisions on provisional measures in international investment arbitration. Under many international treaties and arbitral rules, tribunals in international arbitrations have the power to issue interim relief on a temporary basis in exceptional situations where measures are urgently needed to maintain or restore the status quo between the parties, to prevent likely harm, to safeguard assets to secure payment of an eventual award, or to preserve relevant and material evidence. The authors analyze ICSID’s recent amendments to its arbitration rules on provisional measures and security for costs and how States have addressed these issues in recent treaties. We conclude with a review of recent arbitral decisions on provisional measures and security for costs.
Smutny et al. (Fri,) studied this question.