The power of investment tribunals to enjoin domestic criminal proceedings

The article examines the current state of play regarding interim measure requests to enjoin a host State from pursuing criminal actions within its territory. Balancing the host State's inherent power to investigate and prosecute criminal actions that have allegedly taken place in its territory against the fundamental principle of integrity of the arbitration proceedings, it is suggested that, under exceptional circumstances, investment tribunals may restrain the host State's police power. A severe threat to the integrity of the arbitration may merit the issuance of far-reaching interim relief, including orders to suspend domestic criminal proceedings and orders to ensure the claimant's reasonable and confidential access to legal counsel. The author further argues that, under the most extreme circumstances, tribunals are empowered to order the temporary release of individuals who have been tried, convicted and imprisoned in the host State.

• View at Publisher
• View at Scopus