La tutela cautelare nell'arbitrato internazionale in materia di investimenti, con particolare riferimento al sistema ICSID

Provisional measures have become a central issue in international arbi- tration. Indeed, a final award would not be worth much to the prevailing party if the counterparty has managed to dispose its assets or the object of the dispute while the arbitral proceedings are in progress. However, investor- State arbitral tribunals are very strict in establishing whether to grant in- terim protection, unless the applicant satisfies a test in which grey areas ap- pear to endure. Indeed, even if a large number of awards, adopted under different sets of arbitral rules, have contributed in a fundamental way to the progressive interpretation and application of arbitration rules on provisional measures, caselaw still does not identifies a clear path for the issuance of these procedural orders. This study therefore analyzes the necessary re- quirements for the issuance of interim orders and identifies some typical provisional measures and their legal force, as recognized by the arbitral prac- tice of tribunals constituted under the ICSID Rules, the ICSID AF Rules, the UNCITRAL Rules and under the rules of the principal arbitral insti- tutions worldwide, in consideration also of the ongoing amendment process of the ICSID and ICSID AF Rules.