Nasser v United Bank of Kuwait: Security for Costs: What Considerations Apply When a Party is Domiciled Outside the EU?
Article from: TDM 0 (2003), in International Commercial Arbitration
Abstract
S.38(3) empowers the arbitral tribunal to order the claimant to provide security for the respondent's costs but limits that power by providing that it may not be exercised on the ground that the claimant is not UK based. So what considerations do apply in awarding security against non-UK claimants ? The latest in a series of cases Nasser v United Bank of Kuwait reviews the considerations applicable in the Court's granting of security, taking into account both the CPR and the Human Rights Act 1998, earlier judicial authority in this area pre-dating both. While ...