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2023
The chapter provides a thorough analysis of the Court’s jurisdiction to order provisional measures and its procedure. The author identifies an evolution in the Court’s practice on provisional measures, with the Court most recently developing specific conditions for the indication of provisional measures.
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The chapter provides a thorough analysis of the Court’s jurisdiction to order provisional measures and its procedure. The author identifies an evolution in the Court’s practice on provisional measures, with the Court most recently developing specific conditions for the indication of provisional measures.
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2018
Abstract This chapter discusses the provisional measures used to preserve the integrity of an investment arbitration. It first reviews the applicable rules and standards utilized by arbitral tribunals to determine whether to grant a request for provisional measures, including before tribunals applying the International Centre for ...
Jeffery Commission, Rahim Moloo
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Abstract This chapter discusses the provisional measures used to preserve the integrity of an investment arbitration. It first reviews the applicable rules and standards utilized by arbitral tribunals to determine whether to grant a request for provisional measures, including before tribunals applying the International Centre for ...
Jeffery Commission, Rahim Moloo
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Provisional Measures: How “Provisional” Is “Provisional”?
2020Article 41 of the ICJ Statute provides that the Court may indicate any provisional measure in order to preserve the rights of the parties. While these measures cease to have effect if the claim is dismissed, it is apparent that—in the meantime—they may affect the respondent’s interests.
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Abstract The effective administration of justice may require the court to grant a range of provisional measures. Such measures have, historically, not been systemised in England and Wales, although they have in other jurisdictions. This Part provides a functional systemisation of those provisional measures available to support litigation
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2016
Abstract This chapter looks at provisional measures. Provisional measures in international judicial proceedings are indications, by the court seised of the matter, of action to be taken, or not to be taken, by one or both of the parties during the period leading up to the decision.
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Abstract This chapter looks at provisional measures. Provisional measures in international judicial proceedings are indications, by the court seised of the matter, of action to be taken, or not to be taken, by one or both of the parties during the period leading up to the decision.
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2015
Abstract This chapter discusses Art 35 of Regulation (EU) No 1215/2012 of the European Parliament and of the Council on Jurisdiction and the Recognition and Enforcement of Judgments (Recast). Art 35 is an exception to the principle that jurisdiction can only be established under the grounds of jurisdiction provided for in the Regulation ...
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Abstract This chapter discusses Art 35 of Regulation (EU) No 1215/2012 of the European Parliament and of the Council on Jurisdiction and the Recognition and Enforcement of Judgments (Recast). Art 35 is an exception to the principle that jurisdiction can only be established under the grounds of jurisdiction provided for in the Regulation ...
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2023
Abstract This chapter focuses on provisional sanitary and phytosanitary (SPS) measures. In this context, it analyzes in details four constituting conditions of Article 5.7: (i) a measure must be imposed in respect of a situation where ‘relevant scientific information is insufficient’; (ii) such a measure needs to be adopted ‘on the basis
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Abstract This chapter focuses on provisional sanitary and phytosanitary (SPS) measures. In this context, it analyzes in details four constituting conditions of Article 5.7: (i) a measure must be imposed in respect of a situation where ‘relevant scientific information is insufficient’; (ii) such a measure needs to be adopted ‘on the basis
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Applications for Provisional Measures
2021Abstract This chapter assesses applications for provisional measures of protection under the 1982 United Nations Convention on the Law of the Sea (UNCLOS). At the Third UN Conference on the Law of the Sea, the need for courts or tribunals having jurisdiction under UNCLOS to have the power to prescribe provisional measures was beyond ...
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