Title:Competence of an ICSID Tribunal to Order Security for Costs
Author(s): Ahan Gadkari, Vaneet Kumar (View Profile)
Journal: Indian Review of International Arbitration
Source: www.iriarb.com
Abstract:
The subject of whether and under what circumstances ICSID tribunals may require
security for costs is very disputed. With the recent appearance of third-party
financing, a new element has been added to the debate over whether ICSID tribunals
should evaluate petitions for security for costs in light of this factor. This article
focuses on this issue. The article will illustrate that ICSID courts have the authority to
impose these interim remedies, after briefly discussing the purpose and function of
security for costs. It will next discuss the conditions that must be met for an ICSID
tribunal to levy a security deposit. After explaining the concept of third-party
financing, the article will examine the role that third-party funding may play in an
ICSID tribunals decision about security for costs utilising these criteria.
Cite this as: Ahan Gadkari, Vaneet Kumar “Competence of an ICSID Tribunal to Order Security for Costs” 2 IRIArb (2022).
Keywords:ICSID, Security for Costs, Third Party Funding, Provisional Measures
*The views expressed are of author(s) only.
