Security of Costs, a Cautionary Tale

Journal article | June 2021 | Available for purchase & free for members


The writing of this article was prompted by a recent experience in an arbitration which threw up a question to which there appeared no ready answer. Was there power to order a stay as an adjunct to an order for security for costs and what was the source of any such power? I could not find any relevant discussion in any textbook on arbitration. Two very experienced arbitrators whom I consulted had not encountered the contention raised before me and could not suggest an answer to it. The purpose of this article is to explain the answer which did emerge for the assistance of others who may be confronted by the same argument.

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We thank the author of this article Richard Chesterman and the journal editor Russell Thirgood for their contribution to this journal.

Tags: Arbitration, Arbitration management, Security of Costs