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Cemex v. Venezuela

Type of decisionDecision on the claimants' request for provisional measures
Date of decision3 March 2010
Tribunal
Gilbert Guillaume (President)
Georges Abi-Saab
Robert B. von Mehren
Legal instrumentBIT between Netherlands and Venezuela (1991)
Related decision(s)
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Statements from this decision

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Provisional measures can be granted only if the claimant establishes a prima facie case of breach of his or her rights
The exclusive jurisdiction of a tribunal according to Article 26 ICSID Convention can be protected by provisional measures
A provisional measure is necessary to prevent irreparable harm or damage only if there is a serious risk of destruction of the investment and compensation could not fully remedy the damage suffered
Article 47 ICSID Convention is inspired by Article 41 of the Statute of the ICJ; thus, the judgements of the ICJ are of importance in this context
Provisional measures can only be granted to protect rights in case of urgency and necessity; in this context, "necessity" requires an assessment of the risk of damage
If the requirements of Article 47 ICSID Convention are not met, a tribunal cannot recommend provisional measures to avoid aggravation or extension of the dispute
The exclusive jurisdiction of a tribunal according to Article 26 ICSID Convention can be protected by provisional measures
Provisional measures can be granted only if the claimant establishes a prima facie case of breach of his or her rights
A provisional measure is necessary to prevent irreparable harm or damage only if there is a serious risk of destruction of the investment and compensation could not fully remedy the damage suffered
Provisional measures can only be granted to protect rights in case of urgency and necessity; in this context, "necessity" requires an assessment of the risk of damage
If the requirements of Article 47 ICSID Convention are not met, a tribunal cannot recommend provisional measures to avoid aggravation or extension of the dispute
The exclusive jurisdiction of a tribunal according to Article 26 ICSID Convention can be protected by provisional measures

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