Provisional Measures in Investment Arbitration

Noah Rubins, Partner, Freshfields Bruckhaus Deringer LLP,Ben Love, Senior Associate, Freshfields Bruckhaus Deringer LLP

Noah Rubins is a partner in the international arbitration and public international law groups of Freshfields Bruckhaus Deringer LLP, based in Paris, and serves as the head of Freshfields' global CIS/Russia dispute resolution practice. US-trained, his practice focuses on commercial and investment disptues in the energy sector and arbitration in the former Soviet Union and eastern Europe.


Ben Love is a senior associate in the international arbitration and public international law groups of the Paris office of Freshfields Bruckhaus Deringer LLP. He has acted as counsel in more than 30 investment treaty arbitrations and has advised clients on a wide range of public international law issues. He serves on the Peer Review Board of the ICSID Review: Foreign Investment Law Journal, as a Corresponding Editor of International Legal Materials, and has written a number of book chapters and articles on topics related to public international law and international arbitration.

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