…aim at providing a more predictable framework for security for costs and in that context, […] the conditions to be satisfied in order for the parties to request, and for…
…in resisting an application for security for costs. Lastly, as analysed above, when considering the basis for ordering security for costs, arbitral tribunals often assess whether there has been a…
…of its drafters – security for costs orders against the respondent. Before deciding on the request for security for costs, the tribunal is required to grant all parties “the opportunity…
…well as administrative costs). Security for costs should not be confused with security for claims, which refers to the security posted for the substantive claims in the arbitration. Security for…
…for costs. How can standards for awarding security of costs be lowered? Clear principles for security for costs Investment arbitral tribunals are still in the process of evolving set standards…
…respondent may seek relief of a procedural nature, in particular, an order for security for costs. The interconnection of the security for costs and third party funding was widely discussed:…
…costs. (RSM Production Corporation v. Saint Lucia, Decision on security for costs of 13 August 2014, para. 65) The present post discusses the decision on security for costs of the…
…the funder is liable for adverse costs. For example, an ICC tribunal (X v. Y and Z, ICC Case, Procedural Order of 3 August 2012) granted a security for costs…
…when this contribution prevents ordering security for costs? Moreover, the heated third-party funding debate pending in investment arbitration community just adds more controversy to the issue of security for costs….
…for ordering security for costs where a claimant-investor in an investment treaty arbitration receives third party funding. This touches upon an issue for which investment treaty arbitration has struggled to…
…cases, tribunals rejected respondent states’ requests for security for costs. It appears that only one tribunal granted security for costs on its own initiative without an express request for it…
…existence of a funding agreement? Part II Security for costs & disclosure of terms of funding agreement A possible first reaction may be to think about applying for security…
…St. Lucia’s request for security for costs, August 13, 2014. recently issued a decision on the respondent’s request for security for costs3) The investor has been requested to post US$750,000…
…emphasises that “due regard” should be given to the work of UNCITRAL and ICSID in developing an ECT mechanism for security for costs and regulation of third party funding. Georgia…
…issued a note on issues to be considered on the topic of security for costs and frivolous claims. Examining the proposed reforms to the security for costs regime against its…
…role of ethics for arbitrators, for counsel, for experts, and for funders; pleas for more guidance in the form of standards or rules instead of ambiguous default presumptions in the…
…a third-party funder. Chapter Six takes up the issue of costs and security for costs. It analyzes existing standards for granting costs and security for costs, concluding that the existence…
…(thereby reducing costs) and/or provide a capacity to seek security for costs. For example, Working Group III in its 39th session aimed to address frivolous claims and reduce the possibility…
…should make transparent procedures for pre-entry vetting of foreign investors and investments to identify possible irritants for both the government and foreign investors that may cause future disputes. For GOP,…
…scope for arguments about the amount of costs on assessment – and reducing the need for assessment in most cases. This judgment has made sure litigators take the whole thing…
…not apply to private foreign arbitrations.” Id. Discovery authorised by Section 1782 for foreign proceedings is far broader than discovery authorised by the FAA for domestic arbitrations. Id. at *6….
…out of foreign-related contracts or foreign-related economic relations or trade may be submitted to foreign arbitration. The Supreme People’s Court (“SPC”) has promulgated several interpretations clarifying the definition of “foreign…
…sets out the procedure for filing of a petition for enforcement of foreign award; Section 48 replicates Article V of the New York Convention and sets out the limited conditions…
…or even investment treaty-drafters. However, these Principles might not be suitable for all arbitrations and should be carefully considered before adoption. For instance, security for costs should be determined…
