Irreparable or Irremediable Harm as a Condition for Interim Measures in International Arbitration: From Theory to Practice

This article examines the notion of ‘irreparable harm’, (Irreparable harm is also sometimes referred to as irremediable harm) which is generally a requirement that needs to be satisfied in the context of interim measure applications in international arbitration. Although a showing of irreparable harm is typically central for the granting of interim measures, the notion remains elusive and unevenly applied in practice. The first section of the article outlines the legal framework governing interim measures by analysing how this requirement has been articulated across doctrinal interpretation and arbitral rules. It highlights that the prevailing view supports a flexible approach to irreparable harm, namely whether the final award would provide adequate relief in the absence of interim measures. The second section examines arbitral practice and provides a structured analysis of investment and commercial decisions, organized according to the nature of the interim measures sought. Through these case studies, the article identifies recurring patterns in the reasoning of tribunals and emergency arbitrators and illustrates how the irreparable harm requirement operates in various contexts. Ultimately, the purpose of this article is to provide a practical framework for understanding how irreparable harm has been interpreted in theory and in practice, and to offer guidance to both counsel and arbitrators in assessing applications for interim measures.