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Tribunal offers succinct analysis of BIT’s FET clause; ECT claim dropped?
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UK courts decline to stay the extradition or allow Mr. Adamescu to appeal the warrant
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Request is stayed on other grounds
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ICSID tribunal’s recommendations are binding only on parties
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Arbitration stems from liquidation of insurance and newspaper businesses
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Request to withdraw asset sequestration order also denied
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Necessity not satisfied in relation to a second, domestic arrest warrant
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Other broad requests also denied
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Harm can be later repaired via damages
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Tribunal urges parties to agree to ICSID’s publication of orders, while acknowledging unilateral powers of release
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Tribunal puts weight on Romania’s assurances to preserve relevant documents, and not to intercept confidential information
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Tribunal confirms need for participation of key witness in arbitral hearings, in order to preserve integrity of arbitral proceedings
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Tribunal seeks specific undertakings from Mr. Adamescu to mitigate flight risk and ensure proportionality
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Provisional measure necessary to guarantee in-person examination of Mr. Adamescu in his role as witness
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Tribunal can only protect the integrity of ICSID proceedings, not domestic proceedings
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Citing importance of the issues – as well as IAReporter’s criticism of a prior under-explained provisional measures decision – this tribunal sees a need to explain itself more fully
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Still-pending jurisdictional dispute cannot subject request to a higher level of scrutiny
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UK court declines to stay extradition
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Tribunal applies necessity, urgency and proportionality, and subsumes other commonly-used factors within this three-fold analysis
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Tribunal deems it even more necessary for Mr. Adamescu to be free in order to direct the arbitration case
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Tribunal declines Romania’s request to reconsider the order, finding no change in circumstances, and dismissing Brexit concerns
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Tribunal finds an urgent need to enjoin extradition proceedings, given lack of powers over UK courts
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Order to halt extradition and withdraw arrest warrant is granted, while others denied
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Domestic criminal proceedings are not per se immune from provisional measures
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