Arbitral tribunal's powers to order security for costs under institutional rules and UNCITRAL rules

Produced in partnership with Stephenson Harwood
Practice notes

Arbitral tribunal's powers to order security for costs under institutional rules and UNCITRAL rules

Produced in partnership with Stephenson Harwood

Practice notes
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The notion of ‘security for Costs’ will be familiar to common lawyers but perhaps less so to civil lawyers, as it is closely related to the common law rule that, in general, the costs of bringing proceedings should ‘follow the event’ or, put more simply, the losing party should pay. In litigation in England and Wales, the general rule, if a court decides to make an order on costs, is that the unsuccessful party will be ordered to pay the recoverable costs of the successful party, although the court retains a wide discretion in this regard—see: Costs orders—overview. To bolster this principle, the mechanism of security for costs exists and allows a defendant (whether to the main claim or a counterclaim) to apply for an order that the claimant provides security for the likely recoverable costs the defendant will incur in defending the claim—see Practice Note: Security for costs—what is it, its use and the court's discretion. It is difficult to argue, as a matter of principle, that such a mechanism should not be available in international commercial arbitrations. However,

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Jurisdiction(s):
United Kingdom
Key definition:
security definition
What does security mean?

money deposited to ensure that the defendant attends court;

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