Casado and President Allende Foundation v. Republic of Chile

Abstract

Provisional measures — Whether objection to jurisdiction precludes recommendation of provisional measures — Registration by Secretary-General under Article 36 of icsid Convention — Whether registration “unless dispute manifestly outside jurisdiction” same as prima facie jurisdiction — Extent of jurisdiction to grant provisional measures

Provisional measures — Whether binding — Article 41 of icj Statute — Authority of icj’s decision in LaGrand — icsid Convention, Article 47 — Arbitration Rules, Rule 39

Provisional measures — To preserve rights of parties — No evidence of existing right — Whether “hypothetical” right may be protected by provisional measures

Municipal law — Provisional measure of Tribunal said to interfere with ministerial decision — Municipal law not binding on international tribunal — Exercise of discretion

Expropriation — Provisional measures to preserve property claim — Claim “generic” and unrelated to specific assets — Whether provisional measures necessary

Provisional measures — State of tension between parties — Duty of Tribunal proprio motu to ensure no action taken which may prejudice rights of the other party or aggravate or extend dispute

Costs — Provisional measure for security for costs — Alleged probability of unsuccessful claim — Claimant alleged to be without means — Whether provisional measure required to protect Respondent’s interests — Failure of Convention and Rules to provide for security for costs