Concerning the former and the suggestion that a comparison be made in terms of tariff policies, this would assume that countries had flexibility in that connection, which did not seem to be the case.

It was recalled that the arbitral tribunal could, at the same time that it grants a preliminary order, also establish a deadline for the requesting party to put security in place and that this possibility was the reason for the flexible wording “in connection with” under article 17 sexies, paragraph 2.