Summary of Young-OGEMID Hot Topic Discussion No. 2: "Empirical Study - Provisional Measures in Investor-State Arbitration" (February 2023)

Executive Summary Young OGEMID organized a 3-day virtual hot-topic discussion on the 2023 collaborative report between BIICL and White & Case report on the study of provisional measures issued by ICSID tribunals.1 The study consists of three parts, summarising key new developments that have occurred since a 2019 report on provisional measures in investor-state arbitration, exploring procedural efficiency in the resolution of requests for provisional measures, and updating the 2019 report’s findings in accordance with the newly available cases. Two of the authors of the report, Professor Yarik Kryvoi and Ivan Philippov, were present during the discussion to answer questions from Young-OGEMID members. These provisional measures have been the source of debate and contestations owing to various reasons including the costs involved, controversies regarding virtual versus real-time proceedings, and standards and burden of proof involved, etc. This hot-topic debate discussed how the current study on ISDS Measures builds on the 2019 report, the entirety of the study sponsored by White & Case LLP. Professor Yarik Kryvoi is the Senior Fellow in International Economic Law and Director of the Investment Treaty Forum at BIICL in London. He is also an Of Counsel at Keidan Harrisson in London. Before moving to academia, he practised law with Freshfields Bruckhaus Deringer in London, Morgan Lewis & Bockius in Washington, DC and Baker & McKenzie in Saint Petersburg. Ivan Philippov is a solicitor of England and Wales and associate of the White & Case International Arbitration Group, based in London. Ivan has a broad practice in complex crossborder arbitration disputes in Europe, Latin America and the Middle East. Prior to joining White & Case, Ivan worked as an intern at the Arbitration Institute of the Stockholm Chamber of Commerce. Ivan is committed to pro bono work and was awarded the Firm's Pro Bono Award in 2021 and 2023. Ivan is also a member of the Steering Committee of Young Investment Treaty Forum, organised under the patronage of BIICL.