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Max Planck Encyclopedia of International Procedural Law [MPEiPro]

Security for Costs

Bianca Nalbandian

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved.date: 19 April 2021

Subject(s):
Awards — Conduct of proceedings — Due process — Costs and expenses — Valuation — Arbitral rules

Published under the direction of Hélène Ruiz Fabri, with the support of the Department of International Law and Dispute Resolution, under the auspices of the Max Planck Institute Luxembourg for Procedural Law.

1 In the context of international arbitration (Arbitration) as well as in domestic and international litigation, it might happen that a respondent (or a counterclaimant), despite defeating the claimant’s claim, may not be given the opportunity to recover the costs incurred in the proceedings. Ultimately, faced with an adverse costs award, the claimant might indeed be unable or unwilling to bear the costs of the proceedings she/he started. In view of this, several arbitration rules and national laws provide respondents (or counterclaimants) with a procedural tool...
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