Abstract

This paper analyses three arbitral decisions on provisional measures, all issued against the Republic of Ecuador in the course of respective investment arbitrations on oil contracts. It begins by examining the concept of provisional measures accepted by arbitral tribunals and the prerequisites for them. It then goes on to look at the divergences in the criteria applied by tribunals with regard to maintenance of the investment versus the State's right to organise its economy and expropriate investments in its territory. Finally, it examines the use that arbitral ...