As part of the final day of London International Disputes Week (“LIDW”) 2025, Atkin Chambers and CMS hosted a panel titled “Interim Relief and Other Skirmishes – An Arbitration Practitioner’s…
On 7 November 2024, the SCC Arbitration Institute (“SCC”) hosted a discussion on security for costs in international arbitration, with Anna Joubin-Bret, Secretary of UNCITRAL; Dr. Faris Nasrallah,…
Security for costs can be an effective tool to protect the respondent from an arbitration in which a potential costs claim against the claimant is irrecoverable. While the specific requirements for a…
The COVID-19 pandemic has already created market volatility and adversely affected the financial position of companies and individuals around the world. This post explores two main ideas: (1) whether…
Ahead of the thirty-ninth session of UNCITRAL Working Group III (Investor-State Dispute Settlement Reform), the General Assembly Secretariat issued a note on issues to be considered on the topic of…
On April 29, 2019, an ICSID annulment committee broke new ground by upholding a tribunal's order that a party post security for costs. This decision, in the case RSM Production Corp v. Saint Lucia,…
A. Introduction
The ICSID Convention and the corresponding Arbitration Rules contain certain provisions that, apparently, are not uniformly applied by arbitral tribunals. Article 47 of the ICSID…
“The problem with money,” wrote the American poet and philosopher Ralph Waldo Emerson, “is that it costs too much.” This may soon ring all too true for some investment treaty arbitration claimants…
Introduction
Security for costs is a controversial territory in international arbitration, especially in investment arbitration. On one side is the respondent State which seeks security for defending…
