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A provisional measure is necessary to prevent irreparable harm or damage only if there is a serious risk of destruction of the investment and compensation could not fully remedy the damage suffered
- ICSID Convention > Arbitration (Articles 36-55) > Article 47
- ICSID Arbitration Rules > Rule 39
Article 47 ICSID Convention is inspired by Article 41 of the Statute of the ICJ; thus, the judgements of the ICJ are of importance in this context
Provisional measures can only be granted to protect rights in case of urgency and necessity; in this context, "necessity" requires an assessment of the risk of damage
- ICSID Convention > Arbitration (Articles 36-55) > Article 47
- ICSID Arbitration Rules > Rule 39
If the requirements of Article 47 ICSID Convention are not met, a tribunal cannot recommend provisional measures to avoid aggravation or extension of the dispute
- ICSID Convention > Arbitration (Articles 36-55) > Article 47
- ICSID Arbitration Rules > Rule 39
The exclusive jurisdiction of a tribunal according to Article 26 ICSID Convention can be protected by provisional measures
- ICSID Convention > Jurisdiction of the Centre (Articles 25-27) > Article 26
- ICSID Convention > Arbitration (Articles 36-55) > Article 47
- ICSID Arbitration Rules > Rule 39
Provisional measures can be granted only if the claimant establishes a prima facie case of breach of his or her rights
- Investment Treaty Arbitration > Admissibility > Prima Facie Case
- ICSID Convention > Arbitration (Articles 36-55) > Article 47
Admissibility
Prima Facie Case
Provisional measures can be granted only if the claimant establishes a prima facie case of breach of his or her rights
Jurisdiction of the Centre (Articles 25-27)
Article 26
The exclusive jurisdiction of a tribunal according to Article 26 ICSID Convention can be protected by provisional measures
Arbitration (Articles 36-55)
Article 47
A provisional measure is necessary to prevent irreparable harm or damage only if there is a serious risk of destruction of the investment and compensation could not fully remedy the damage suffered
Article 47 ICSID Convention is inspired by Article 41 of the Statute of the ICJ; thus, the judgements of the ICJ are of importance in this context
Provisional measures can only be granted to protect rights in case of urgency and necessity; in this context, "necessity" requires an assessment of the risk of damage
If the requirements of Article 47 ICSID Convention are not met, a tribunal cannot recommend provisional measures to avoid aggravation or extension of the dispute
The exclusive jurisdiction of a tribunal according to Article 26 ICSID Convention can be protected by provisional measures
Provisional measures can be granted only if the claimant establishes a prima facie case of breach of his or her rights
Rule 39
A provisional measure is necessary to prevent irreparable harm or damage only if there is a serious risk of destruction of the investment and compensation could not fully remedy the damage suffered
Provisional measures can only be granted to protect rights in case of urgency and necessity; in this context, "necessity" requires an assessment of the risk of damage
If the requirements of Article 47 ICSID Convention are not met, a tribunal cannot recommend provisional measures to avoid aggravation or extension of the dispute
The exclusive jurisdiction of a tribunal according to Article 26 ICSID Convention can be protected by provisional measures