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The purpose of the present article is to study the foundations of ICSID tribunals' power to issue interim measures aimed at stopping domestic criminal proceedings and the effects of these measures on ongoing litigations. Starting from an analysis of the arbitrators' power to issue binding provisional measures and of the requirements that ICSID case law has established for the issuance of orders aimed at suspending criminal domestic trials, the article then analyses the recent order for provisional measures issued in the Hydro case, a dispute concerning the alleged violation by Albania of certain standards of treatment set forth in the bilateral investment treaty of 1991 between Italy and Albania. This order, indeed, seems to have lowered the threshold for interfering with domestic criminal proceedings and its execution has shown the problems related to the enforcement of such measures. The article then discusses the effects of ICSID interim orders before the courts of recipient States and of third States.

"Starting from an analysis of the sources of parallel proceedings, and from a study on the reasons for the proliferation of international investment arbitrations arising from the same facts, this book analyzes one of the most relevant issues of investment arbitration. [The author] argues that at the admissibility stage of arbitral proceedings the application of certain principles (namely abuse of process, res judicata and collateral estoppel) could, if such principles are broadly interpreted, offer practical solutions to the issue. This interpretation finds support in several awards and legal writings."--

Chapter 1. Introduction -- Part I: General Features of Provisional Measures in International Adjudication -- Chapter 2. Provisional Measures: How 'Provisional' is 'Provisional'? -- Chapter 3. Requirements for the Issuance of Provisional Measures -- Chapter 4. Autonomy of Provisional Measures -- Chapter 5. The Humanisation of Provisional Measures? — Plausibility and the Interim Protection of Rights before the ICJ -- Part II: Provisional Measures Issued by Universal Courts and Inter-State Arbitral Tribunals -- Chapter 6. Opposites Attract? — Provisional Measures in the International Court of Justice Oscillating Between the Judicial Function and Party Autonomy -- Chapter 7. A "Game of Give and Take": The ITLOS, the ICJ and Provisional Measures -- Chapter 8. Interim Measures in the Practice of the International Court of Justice and the International Criminal Court -- Chapter 9. Reflections on Provisional Measures in Inter-State Arbitration -- Part III: Provisional Measures Issued by Regional Courts -- Chapter 10. The Procedural Features of Interim Relief before the Court of Justice of the European Union -- Chapter 11. Interim Measures at the European Court of Human Rights: Current Practice and Future Challenges -- Chapter 12. Provisional Measures under the African Human Rights System -- Part IV. Provisional Measures Issued by Commercial and Investments Arbitral Tribunals -- Chapter 13. The Functions of Provisional Measures in International Commercial Arbitration: Between Efficacy and Innovation -- Chapter 14. The Enforcement of Provisional Measures -- Chapter 15. Provisional Measures in ICSID Arbitration Proceedings: Between the Current Legal Framework and the Proposed Reform -- Chapter 16. Conclusions.