…an elucidation that security for costs should be granted only under “exceptional circumstances”, article 38 provides some clarity with respect to the general conditions for granting security for costs. However,…

…  Costs in International Arbitration Costs in arbitration usually fall into two broad categories: (i) costs of the arbitration (i.e. the costs of the tribunal and institution (if any)), and…

for example due to clogged dockets and excessively lengthy procedures, or because of access limitations for foreign investors. Providing foreign investors with the possibility for recourse in an international forum…

…even if wholly foreign-owned, are considered domestic companies for arbitration purposes. The rationale for amending this provision is that a foreign-owned domestic corporation likely has decision makers and witnesses in…