Between East and West: Essays in Honour of Ulf Franke - Hardcover
Between East and West: Essays in Honour of Ulf Franke - Electronic
The Power and Effectiveness of Pre-Arbitral Provisional Relief: The SCC Emergency Arbitrator in Investor-State Disputes
Charles N. Brower
Stephan W. Schill
Before the International Chamber of Commerce (ICC) adopted its pre-arbitral referee procedure in 1990,1 no institutional arbitration rules provided for provisional relief from an arbitrator or arbitral tribunal before the constitution of that tribunal. Instead, provisional relief was available only from domestic courts,2 involving all the complications and inefficiencies which recourse to such courts may entail.3 For example, domestic courts have not always been ready to issue the provisional relief that is necessary to aid arbitrators in rendering their awards on the merits and in preventing the parties from engaging in acts that potentially undermine the arbitral process and its outcome.4 Such problems in the relations between arbitral tribunals and domestic courts are particularly pressing if the respondent is a State or State entity and the courts competent to issue provisional relief are the respondent’s national courts.
Charles N. Brower is a Judge, Iran-United States Claims Tribunal; Judge Ad Hoc, Inter-American Court of Human Rights; Arbitrator Member, 20 Essex Street Chambers, London; former Acting Legal Adviser, U.S. Department of State, Deputy Special Counselor to the U.S. President.
Ariel Meyerstein is currently Legal Adviser to the Hon. Charles N. Brower of the Iran-United States Claims Tribunal. He is also a Ph.D. candidate in the Jurisprudence & Social Policy Program at Berkeley Law, where his dissertation focuses on sustainable finance.
Stephan W. Schill is a Senior Research Fellow at the Max Planck Institute for Comparative Public Law and International Law in Heidelberg. From 2008 to 2009, he was the International Arbitration Law Clerk to the Honorable Charles N. Brower of 20 Essex Street Chambers, London.