Medidas provisionales

ITN  |  abril 7, 2010

Cemex v. Venezuela: Provisional Measures allowed in circumstances of necessity and urgency

By Elizabeth Whitsitt April 8, 2010 An ICSID tribunal has refused a request for provisional measures by the world’s third largest cement-producer.  In its decision dated March 3, 2010, the tribunal confirms that provisional measures may only be granted in circumstances of “…necessity and urgency to avoid an irreparable harm.” Arbitral proceedings between Cemex and […]

ITN  |  abril 7, 2010

Bolivia ordered to suspend criminal proceedings in its ongoing dispute with Chilean chemical firm Quiborax

By Elizabeth Whitsitt April 8, 2010 An ICSID tribunal has granted provisional measures in a dispute between co-claimants Quiborax, Non Metallic Metals (NMM) and Allan Fosk Kalún and respondent state, Bolivia.  On February 26, 2010 a three-member panel ordered the central South American state to suspend criminal proceedings against several persons involved in Quiborax’s Bolivian […]

ITN  |  enero 12, 2010

Ad Hoc Committee refuses to lift stay of enforcement or require security regarding ICSID award against Argentina

By Elizabeth Whitsitt January 13, 2010 An ad hoc committee composed of Dr. Gavan Griffith Q.C., Judge Patrick L. Robinson, and Judge Per Tresselt has decided to continue to stay the enforcement of an award rendered against the Argentine Republic in favour of the Enron Corporation.  According to the committee, the stay will remain in […]

ITN  |  junio 5, 2009

Ecuador defies provisional measures in dispute with French oil company

By Damon Vis-Dunbar 8 June 2009 An ICSID tribunal authorized provisional measures on May 8th in an effort to stop the Government of Ecuador from seizing assets belong to the French oil company Perenco. Nonetheless, the state-owned Petroecuador attempted a week later to auction 1.4 million barrels of oil confiscated from Perenco, although no bidders […]