Provisional Measures In Investment Arbitration: Trudging Through The Murky Waters Of Enforcement
By Divyansh, Amity Law School, Patna.*
As investment arbitration proceedings are complex, costly, and prolonged, provisional measures can be specifically crucial in investment arbitration proceedings. It helps armament parties rights and arbitral proceedings and dodge aggravation of disputes. For provisional relief, parties may approach national courts or arbitral tribunals. The provisional measures are very effective tools, but their weakness lies in their enforcement. It is agreed by the practitioners and academicians that such measures can conclusively safeguard the final outcome of the arbitral proceedings, which is entirely in favour of their enforcement process. Their enforcement can be dubious, yet international jurisprudence contemplates such measures as being binding on the parties. Arbitral tribunals and the courts can award provisional measures that can be beneficial to the parties seeking interim relief. Arbitral tribunals have limited capability to enforce provisional measures and, thus, lack the power of coercion. The measures granted by the national courts would be ordained according to the domestic reign for the enforcement of court orders. The paper takes the best shot at discussing the granting of provisional measures, the ways in which provisional measures are enforced, and the predicaments associated with their enforcement. The article concludes with comments on the enforcement of such measures.
Keywords: Arbitral, tribunal, murky, enforcement, provisional.
* The author is a third-year Law student pursuing from Amity University, Patna.