Medidas interinas de protección en arbitraje CIADI

Abstract

During a request of provisional measures to the arbitral tribunal it is possible to be in a situation of emergency that could justify an immediate need of protection. In this context, parties in certain ICSID cases have opted to include a complementary request for an interim measure of protection. The purpose of such request is to obtain from the arbitral tribunal, while the decision on provisional measures is pending, a recommendation ordering to the other party to preserve the statu quo and to avoid to take any steps that could aggravate the dispute.When the ICSID arbitral tribunals have been confronted with such requests, they have not found special provisions in the ICSID Convention or in the ICSID Arbitration Rules, which permit them to grant interim measures of protection.Other international tribunals have been confronted with similar requests and they have concluded that the authority to grant interim measures of protection is implicit to the authority to grant provisional measures, and it is grounded on the general principles of international law that serve to justify the capacity to grant provisional measures.The practice of those international tribunals constitutes an important precedent for ICSID tribunals, notably as we are aware that under article 42 of the ICSID Convention, ICSID tribunals have to render their decisions in accordance with the general principles of international law.