Security for Costs

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