Introduction

We all agree that arbitrators have to be independent and impartial, not only at the beginning of the arbitration, but also during the proceedings and until the award. The issue I want to address today is the following: to what extent are provisional measures compatible with such duty of impartiality? Let me give you a practical example: three years ago, I participated as co-arbitrator to an ICC arbitration in Paris, which subject matter was the renewal of certain long-term cooperation agreements. The contracts had reached their expiry date, and there was a dispute as ...