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

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.

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