ICSID tribunals consider requests for provisional measures against backdrop of criminal investigations by state | Practical Law
In two unrelated decsions, Caratube International Oil Company LLP and Devincci Salah Hourani v Republic of Kazakhstan, ICSID Case No ARB/13/13 and Churchill Mining PLC and Planet Mining Pty Ltd v Republic of Indonesia, ICSID Case No ARB/12/14 and 12/40, two ICSID tribunals considered whether to grant provisional measures against state respondents which were either a party to criminal proceedings, or threatening criminal proceedings against the claimants.