Luttrell, Sam --- "Particular Procedures" [2019] ELECD 3042; in Fouret, Julien; Gerbay, Remy; Alvarez, M. Gloria (eds), "The ICSID Convention, Regulations and Rules" (Edward Elgar Publishing, 2019) 1139

Book Title: The ICSID Convention, Regulations and Rules

Editor(s): Fouret, Julien; Gerbay, Rémy; Alvarez, M. Gloria

Publisher: Edward Elgar Publishing

Section: Chapter 25

Section Title: Particular Procedures

Author(s): Luttrell, Sam

Number of pages: 86

Extract:

25
PARTICULAR PROCEDURES



RULE 39 ­ PROVISIONAL MEASURES

Sam Luttrell

(1) At any time after the institution of the proceeding, a party may request that
provisional measures for the preservation of its rights be recommended by the
Tribunal. The request shall specify the rights to be preserved, the measures the
recommendation of which is requested, and the circumstances that require such
measures.
(2) The Tribunal shall give priority to the consideration of a request made pursuant
to paragraph (1).
(3) The Tribunal may also recommend provisional measures on its own initiative or
recommend measures other than those specified in a request. It may at any time
modify or revoke its recommendations.
(4) The Tribunal shall only recommend provisional measures, or modify or revoke
its recommendations, after giving each party an opportunity of presenting its
observations.
(5) If a party makes a request pursuant to paragraph (1) before the constitution of
the Tribunal, the Secretary-General shall, on the application of either party, fix
time limits for the parties to present observations on the request, so that the
request and observations may be considered by the Tribunal promptly upon its
constitution.
(6) Nothing in this Rule shall prevent the parties, provided that they have so
stipulated in the agreement recording their consent, from requesting any
judicial or other authority to order provisional measures, prior to or after the
institution of the proceeding, for the preservation of their respective rights and
interests.




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 Chapter 25 PARTICULAR PROCEDURES


1. COMMENTARY

A. General characteristics

(a) ...