Security for Costs

No. @BUL25-0-7

ISBN : 978-92-842-0334-5

ICC Case 12732

Date of procedural order: January 2006

Origins of parties: Africa, Europe

Place of arbitration: London, United Kingdom

ICC Rules of Arbitration: 1998

Summary of issues:

  • exceptional nature of remedy
  • timing
  • inappropriateness in ICC arbitration

 

ICC Case 13359

Date of procedural order: February 2006

Origins of parties: Asia, Europe

Place of arbitration: Paris, France

ICC Rules of Arbitration: 1998

Summary of issues:

  • timing
  • financial weakness as prerequisite
  • good faith as prerequisite
  • comparison with ICC advance on costs
  • burden of proof

 

ICC Case 13620

Date of procedural order: May 2006

Origins of parties: Africa, Europe

Place of arbitration: London, United Kingdom

ICC Rules of Arbitration: 1998

Summary of issues:

  • arbitral tribunal’s discretionary power to order security for costs
  • impact of failure to pay ICC advance on costs
  • provisional nature of decision

 

ICC Case 14020

Date of procedural order: November 2006

Origins of parties: Caribbean

Place of arbitration: London, United Kingdom

ICC Rules of Arbitration: 1998

Summary of issues:

  • source of arbitral tribunal’s power to order security for costs (lex arbitri/ICC Rules)
  • timing
  • change of circumstances
  • arbitral tribunal’s power to order security for claims

 

ICC Case 14355

Date of procedural order: January 2007

Origins of parties: Asia, Europe

Place of arbitration: Zurich, Switzerland

ICC Rules of Arbitration: 1998

Summary of issues:

  • source of arbitrator’s power to order security for costs
  • substantiation of need for security for costs
  • insufficiency of mere financial difficulties

 

ICC Case 14433

Date of procedural order: October 2008

Origins of parties: America, Europe

Place of arbitration: London, United Kingdom

ICC Rules of Arbitration: 1998

Summary of issues:

  • arbitral tribunal’s discretionary power to order security for costs
  • factors to consider when assessing need for security for costs

 

ICC Case 14661

Date of procedural order: December 2007

Origins of parties: Europe

Place of arbitration: Paris, France

ICC Rules of Arbitration: 1998

Summary of issues:

  • change of circumstances
  • limitation to future costs

 

ICC Case 14661

Date of procedural order: December 2008

Origins of parties: Europe

Place of arbitration: Paris, France

ICC Rules of Arbitration: 1998

Summary of issues:

  • limitation to future costs

 

ICC Case 14993

Date of procedural order: December 2007

Origins of parties: Europe

Place of arbitration: Vienna, Austria

ICC Rules of Arbitration: 1998

Summary of issues:

  • exceptional nature of circumstances justifying security for costs
  • insufficiency of mere financial difficulties

 

ICC Case 15218

Date of procedural order: July 2008

Origins of parties: Europe, Middle East

Place of arbitration: Bern, Switzerland

ICC Rules of Arbitration: 1998

Summary of issues:

  • change of circumstances
  • degree of insolvency justifying security for costs
  • impact of applicant’s conduct on outcome of application
  • determination of amount to be secured

 

Code ISBN : 978-92-842-0334-5
Number of pages : 30
Publishing date : 2015
Language : English
Format in cm : 20.4*26.5