We use cookies on this site to provide you with an informative and engaging experience and also to help us to continually improve our site for you. Without allowing cookies certain features of the site will not be available. To learn more about how we use cookies, please view our cookie policy. By clicking on ‘I AGREE’, you consent to our use of cookies on this device in accordance with our policy.

Logo of Wolters Kluwer, Kluwer Law Online
Journal of International Arbitration
Search content button

Home > All journals > Journal of International Arbitration > 41(6) >

Non-compliance of Security for Costs Orders

Cover image ofJournal of International Arbitration

$25.00 - Rental (PDF) *

$49.00 - Article (PDF) *

*service fee may apply
Non-compliance of Security for Costs Orders


Journal of International Arbitration
Volume 41, Issue 6 (2024) pp. 699 – 722

httpss://doi.org/10.54648/joia2024031



Abstract

Although security for costs has seen a steady rise in recent years, the tools available to tribunals to address the non-compliance of security for costs orders is far less established. The purpose of this article is to shine a light on this theme, which has gained traction in English case law and in the investment arena. That development goes hand in hand with increasing coverage of the issue in institutional rules and national arbitration laws. 

This article is divided into six sections, first examining the indisputable rise of security for costs in international arbitration (surveyed through available data and academic commentary), then examining the non-compliance of security for costs orders in common law and civil law jurisdictions, in the investment landscape, and coverage in institutional rules. It then moves onto a brief discussion and wrap-ups with some concluding remarks. The hope is that readers will be better informed of the current lay of the land with respect to the non-compliance of security for costs orders, and the tools available to those facing such non-compliance. That includes whether a case can be suspended or terminated for want of non-compliance, and also whether a termination can be made with prejudice to a claimant’s right to bring the same action in the same or separate fora. 


Keywords

Security forecasts, non-compliance, tribunal orders, default, common law, civil law, investment law, arbitral rules, ICSID, English arbitration act


Extract




Subscribe to this journal

Interested in a subscription? Contact our sales team

Browse by practice area
Share
Stay up to date


RSSETOC