Overview

security for costs


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'security for costs' can also refer to...

security for costs

security for costs

security for costs

security for costs

Security for costs

Security for costs

security for costs

Costs Shifting, Security for Costs, and Class Actions: Lessons from Elsewhere

Security for Costs in Investor–State Arbitration

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Why it is time for international arbitration to embrace security for costs

Declaration between Denmark and Sweden-Norway relative to the Reciprocal Waiver of Security for Costs, signed at Copenhagen, 7 July 1887

Part I General Aspects, 4 A Single Listing Authority and Securities Regulator for the CMU and the Future of ESMA: Costs, Benefits, and Legal Impediments

RSM Production Corp and ors v Grenada, Decision on Respondent’s Application for Security for Costs, ICSID Case No ARB/10/6, IIC 460 (2010), 14th October 2010, International Centre for Settlement of Investment Disputes [ICSID]

Abaclat and ors v Argentina, Procedural order no 10 on security for costs, ICSID Case No ARB/07/05, IIC 808 (2012), 18th June 2012, World Bank; International Centre for Settlement of Investment Disputes [ICSID]

RSM Production Corporation v Saint Lucia, Decision on Saint Lucia's request for security costs, ICSID Case No ARB/12/10, IIC 655 (2014), 13th August 2014, World Bank; International Centre for Settlement of Investment Disputes [ICSID]

Transglobal Green Energy LLC and Transglobal Green Panama SA v Panama, Decision on the respondent's request for provisional measures relating to security for costs, ICSID Case No ARB/13/28, IIC 785 (2016), 21st January 2016, World Bank; International Centre for Settlement of Investment Disputes [ICSID]

The insufficiency of good faith; Cayman Islands Supreme Court and ‘equitable compensation’; dogs as lives in being; security for, and trustee problems with, costs; Kawaley CJ’s continuing contribution to trust jurisprudence; jurisdiction and service issues in offshore trust litigation; nuptial settlements in the Isle of Man; law reform—aren’t things bad enough already?

 

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Quick Reference

A sum payable by a claimant to a civil action as a condition of being permitted to continue with the action. The court has discretion as to whether or not to order security for costs and may exercise it only in four circumstances:(1) when the claimant is ordinarily resident out of the area of the jurisdiction;(2) when the claimant is suing on behalf of someone who will be unable to pay the defendant's costs if ordered to do so;(3) when the claimaint's address is dishonestly not stated or incorrectly stated on the originating process;(4) when the claimant has changed his address during the course of the proceedings in order to evade the consequences of the litigation. A defendant may not be ordered to give security for costs. When security is ordered the claimant is usually ordered to pay a sum into court.

(1) when the claimant is ordinarily resident out of the area of the jurisdiction;

(2) when the claimant is suing on behalf of someone who will be unable to pay the defendant's costs if ordered to do so;

(3) when the claimaint's address is dishonestly not stated or incorrectly stated on the originating process;

(4) when the claimant has changed his address during the course of the proceedings in order to evade the consequences of the litigation. A defendant may not be ordered to give security for costs. When security is ordered the claimant is usually ordered to pay a sum into court.

Subjects: Law.


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