Tag Archives: Security for costs

ICSID tribunal rules that it is neither necessary nor urgent to grant security for costs from a claimant with the benefit of third-party funding

An ICSID tribunal has rejected a State's application for security for costs in circumstances in which the other party had third-party funding in the form of ATE insurance which specifically provided for cover of the State's costs. Italy's request for … Continue reading

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Filed under Costs, Europe, Investment Arbitration, ISDS, Third Party Funding

Inside Arbitration: Issue #3 of the publication from Herbert Smith Freehills’ Global Arbitration Practice

We are delighted to share with you the latest issue of the publication from Herbert Smith Freehills' Global Arbitration Practice, Inside Arbitration. In addition to sharing knowledge and insights about the markets and industries in which our clients operate, the publication … Continue reading

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Filed under Publications and Guides

English Commercial Court rejects application by U&M Mining Zambia Ltd for security for sums due under award pending challenge

In Konkola Copper Mines Plc v U&M Mining Zambia Ltd [2014] EWHC 2146 (Comm), the English Commercial Court considered two related applications on behalf of U&M Mining Zambia Ltd (U&M) for security for costs and a payment into court, under … Continue reading

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Filed under Challenges to awards, Enforcement, Enforcement - Europe, Europe

The English Commercial Court considers whether a party’s failure to pay its share of the advance on costs is a repudiatory breach of the arbitration agreement

In BDMS Limited v Rafael Advanced Defence Systems [2014] EWHC 451 (Comm), the English Commercial Court considered whether the Respondent’s failure to pay its share of the advance on costs in an ICC arbitration amounted to a repudiatory breach of … Continue reading

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Filed under Europe, Institutions

Court allows a security for costs application against recalcitrant Respondent seeking to challenge arbitral award, but refuses to require payment in of value of Award

In the case of X v Y Queen’s Bench Division (Commercial Court), 07 May 2013 the court has grappled with the options available to a claimant against a respondent seeking to challenge an award. In this case, the Respondent, X, … Continue reading

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Filed under Challenges to awards, Europe