The settlement of investment disputes between States and foreign investors through
international arbitration allows parties to request provisional measures to prevent potential harm
during proceedings. However, legal challenges remain regarding the criteria for granting such
measures and the inconsistent approaches adopted by arbitral tribunals.This study examines the
legal issues relating to provisional measures in investment arbitration, focusing on key
requirements such as a prima facie case, the risk of irreparable harm, and the principle of
proportionality. It also analyzes differences in the interpretation and application of these criteria,
particularly through a comparison of procedural orders issued under the ICSID and UNCITRAL
frameworks.
The study finds that, despite the important role of provisional measures in protecting
parties’ rights and preserving the effectiveness of arbitral proceedings, uncertainty persists
regarding the applicable standards and their implementation. Such inconsistencies contribute to
legal uncertainty and may affect the confidence of both investors and States. The study therefore
recommends clearer interpretative guidelines and greater harmonization of international
standards to ensure a more fair and effective use of provisional measures in investment
arbitration.
This paper critically evaluates the role of international commercial arbitration in resolving business disputes within the legal framework of Tanzania. It begins by tracing the evolution of arbitration laws in Tanzania, with particular focus on the Arbitration Act [Cap. 15 R.E. 2023], which aligns domestic practice wit...
Razack Kimwaga· University of Nairobi Law Jo...· 0 citations
The international investment dispute settlement system has undergone significant transformation as a result of the expansion of foreign investment, the proliferation of bilateral and multilateral investment treaties, and the increasing use of investor–State arbitration. Although this system has provided foreign investo...
Arbitration has become an essential mechanism for resolving domestic and international
commercial disputes due to its flexibility, confidentiality, party autonomy, and procedural
efficiency. In Nigeria, the importance of arbitration as a means of promoting commercial
certainty and investment protection has been rein...
Uwakwe Abugu· Journal of Law and Global Po...· 0 citations
This study examines whether Tanzania’s investment legislation can operate as a unilateral offer to arbitrate in international investment arbitration, with particular focus on the Tanzania Investment and Special Economic Zones Authority Act, No. 6 of 2025. The study seeks to determine the legal and interpretive requirem...
Silas Thadeo Dominic Mwihava· East African Journal of Law...· 0 citations
Nigeria remains one of Africa’s most significant investment destinations, but investors who focus only on market entry may underestimate dispute-design and enforcement risk. The commercial value of a contract depends not only on the substantive bargain, but also on where disputes will be heard, the law that will govern...
Ejike Nwafor· Journal of Advanced Research...· 0 citations
Parallel proceedings in arbitration may generate jurisdictional conflicts, legal uncertainty, and inconsistent decisions, particularly when a party initiates or continues litigation before a national court despite the existence of a valid arbitration agreement. This study aims to examine the implementation of anti-suit...
