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Helnan International Hotels v. Egypt

Type of decisionDecision on Claimant's Request for Provisional Measures
Date of decision17 May 2006
Tribunal
Yves Derains (President)
Michael Lee
Rudolf Dolzer
Legal instrumentBIT between Denmark and Egypt (1999)
Related decision(s)Decision of the tribunal on objection to jurisdiction, 17 October 2006
Further information

Statements from this decision

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ICSID Convention
Arbitration (Articles 36-55)
Article 47
A tribunal has the ability to recommend provisional measures according to Article 47 ICSID Convention, even if the tribunal has not ruled on its own jurisdiction yet
Provisional measures amounting in practise to the final relief sought should be granted by a tribunal under exceptional circumstances only
For provisional measures to be granted, it is required that the rights to be protected appear to exist (fumus bonus juris)
ICSID Arbitration Rules
Rule 39
A tribunal has the ability to recommend provisional measures according to Article 47 ICSID Convention, even if the tribunal has not ruled on its own jurisdiction yet

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