Can you seek security for costs in international arbitration in Australia

Greenberg, Simon and Kee, Christopher 2005, Can you seek security for costs in international arbitration in Australia, Australian bar review, vol. 26, no. 1, pp. 89-101.

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Title Can you seek security for costs in international arbitration in Australia
Author(s) Greenberg, Simon
Kee, Christopher
Journal name Australian bar review
Volume number 26
Issue number 1
Start page 89
End page 101
Publisher Butterworths
Place of publication Sydney, N.S.W.
Publication date 2005-01
ISSN 0814-8589
Summary International arbitrations can be conducted under either federal or State legislation in Australia. In both cases complexities arise in the resolution of procedural questions, such as whether security for costs can be granted. There is scant Australian case law on such issues. This article considers whether an arbitral tribunal or a court has the power [*2] to order security for costs in an international arbitration in Australia. After analysing Australia's international arbitration laws and discussing New Zealand and House of Lords' authority, it is argued that unless the parties have specifically empowered the arbitral tribunal to order security for costs, only the relevant court has that power, and even that is uncertain.
Language eng
Field of Research 180199 Law not elsewhere classified
HERDC Research category C1 Refereed article in a scholarly journal
Persistent URL http://hdl.handle.net/10536/DRO/DU:30003482

Document type: Journal Article
Collection: School of Law
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