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Vol 21 No 10 Oct/Nov 2016

Book of the Month

Cover of Criminal Injuries Compensation Claims

Criminal Injuries Compensation Claims

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Provisional Measures in Investment Arbitration


ISBN13: 9780199685790
To be Published: July 2017
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £125.00



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.

Subjects:
Arbitration and Dispute Resolution, International Investment Law
Contents:
PART I: OVERVIEW AND BASIC TEXTS
1. Overview of Provisional Measures
2. Basic Texts

PART II: REQUIREMENTS FOR GRANTING PROVISIONAL MEASURES
3. Prima Facie Jurisdiction
4. Merits of the Claim
5. Urgency of the Requested Measures
6. Duration of the Requested Measures
7. Necessity of the Requested Measures
8. Prejudice to the Other Party
9. Other Limiting Factors

PART III: PROVISIONAL MEASURES AND PARALLEL PROCEEDINGS
10. Provisional Measures in Aid of Arbitration
11. Provisional Measures Impacting Parallel Proceedings

PART IV: ENFORCEMENT OF PROVISIONAL MEASURES
12. Enforcement Tools Available to Arbitrators
13. Enforcement Tools Available to the Parties
14. Enforcement in National Courts

PART V: THE FUTURE OF PROVISIONAL MEASURES
15. Increase in Scope of Measures Granted
16. Provisional Measures as a Tool for Harmonization

Series: Oxford International Arbitration Series

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