We are delighted to continue our “Tezisini tanıyaq” project, initiated by our former director, Hasan Alili, an integral part of our academic activities. It gives us immense pleasure to share that this project is still ongoing, and will continue to be so.
For this academic year, the first alumnus whose thesis you will learn about is Sefer Seferli who completed his academic journey at Uppsala University in 2021, specializing in Investment Treaty Arbitration.Let’s explore his research topic, which carries considerable significance in the field of arbitration.
Research topic: “Enforcement of provisional measures rendered under Article 47 of the ICSID Convention: A State’s Prerogative?”
This thesis examines the inherent characteristics of provisional measures provided under the ICSID Convention.
The authority of arbitral tribunals to grant interim provisional measures can be considered as a well-recognized feature of international arbitration. Those measures may be granted by arbitral tribunals as a matter of urgency in order to maintain a certain status quo and to protect the rights and interests of the parties to the arbitral proceedings pending resolution of their dispute.
Investment arbitration is no stranger to the phenomenon of provisional measures either. ICSID tribunals have seen a surge in parties’ requests for provisional, interim, or conservative measures in recent years. In fact, those tribunals have far considered interim relief of several kinds, ranging from discovery requests to a request for the recommendation that a party should refrain from resorting to the press.
However, an interesting fact is that according to an empirical study the percentage of granting or partially granting provisional measures under the ICSID Convention and Arbitration Rules is significantly lower in comparison to the non-ICSID investment arbitration. Moreover, the binding effect and efficiency of provisional measures rendered under the ICSID Convention and Arbitration Rules are still hotly debated both through case law and also among the scholars of the international legal community.
Thank you, Safar, for sharing your useful paper with us.
P. S. Please use this link if you would like us to share your research topic with our readers: https://forms.gle/9Q7dXHXtqYmihbEA7