Criminal Proceedings and Provisional Measures in ICSID Arbitrations: The Legitimate Exercise of a State’s Police Powers Versus the Ability to Advance Claims in Arbitration
In two recent cases, ICSID tribunals have been asked to consider applications for provisional measures relating to criminal proceedings initiated against the claimants. On 3 March 2016, the tribunal in Hydro S.r.l and others v. Republic of Albania (ICSID Case No. ARB/15/28) (the Hydro case) partly granted a request to recommend the suspension of criminal…