Energy Charter Treaty, Investor-State arbitration, Investor-state tribunals, ISDS, Procedure, Provisional measures
Procedural Situations as Self-Standing Rights Justifying the Adoption of Provisional Measures: Insights from Klesch Group v. Germany
On 23 July 2024, an ICSID arbitral tribunal in the case Klesch Group v. Germany issued a decision on provisional measures directing the respondent State to refrain from collecting certain windfall profits tax in order to protect the exclusivity of the ICSID arbitral proceedings and the status quo between the parties. This post will summarize…