…than before, and may potentially outweigh the benefits of costs savings from not participating in the arbitration. This has the significant effect of compelling the challenging party to participate in…

…funder could be directed to furnish security for costs on an interim basis to secure the cost award. The High Court answered in the negative, relying on two interconnected grounds:…

…change of circumstances as compared to the time the parties agreed on the dispute resolution clause. In the Court’s view, unreasonable financial, temporal, or reputational costs required to initiate, continue,…