Security for Costs and Third-Party Funding - An Analysis of Eskosol S.p.A. in liquidazione v. Italian Republic, Procedural Order No. 3 (Decision on Respondent's Request for Provisional Measures)
Article from: TDM 5 (2018), in Contingent Fees and Third Party Funding in Investment Arbitration Disputes
The issues of security for costs and of disclosure of third-party funders remain heavily debated questions. This paper analyses closer the approach taken by the Tribunal in Eskosol S.p.A. in liquidazione v Italian Republic (hereinafter " Eskosol v. Italy ") when it issued Procedural Order No. 3 (Decision on Respondent's Request for Provisional Measures). The approach followed by the Tribunal chaired by Jean Kalicki (hereinafter known as the "Kalicki approach") is of interest for two notable reasons: 1. The first is that it seems to disjoin the ...