This chapter discusses the categories of provisional measures. Section 2 of this Chapter analyses the relevant rules on the types of provisional measures under the ICSID framework, the UNCITRAL framework and other arbitral institutions. Section 3 identifies the types of provisional measures that an arbitral tribunal may grant, including those relating to the prevention of (personal or property) injury, the maintenance of the integrity of the arbitral proceedings, the maintenance of the status quo (preservation of conduct), the preservation of evidence, the suspension of parallel proceedings and the security for costs. This Section has found pertinent cases to explain different types of provisional measures, so as to deepen the understanding of these types of provisional measures. Section 4 discusses the derivative issues from the categories of provisional measures, including how the categories relate to the purpose and the appropriateness of the classification under the ICSID framework.

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The Categories of Provisional Measures

  • Chuanfang Zhang

摘要

This chapter discusses the categories of provisional measures. Section 2 of this Chapter analyses the relevant rules on the types of provisional measures under the ICSID framework, the UNCITRAL framework and other arbitral institutions. Section 3 identifies the types of provisional measures that an arbitral tribunal may grant, including those relating to the prevention of (personal or property) injury, the maintenance of the integrity of the arbitral proceedings, the maintenance of the status quo (preservation of conduct), the preservation of evidence, the suspension of parallel proceedings and the security for costs. This Section has found pertinent cases to explain different types of provisional measures, so as to deepen the understanding of these types of provisional measures. Section 4 discusses the derivative issues from the categories of provisional measures, including how the categories relate to the purpose and the appropriateness of the classification under the ICSID framework.