Can you seek security for costs in international arbitration in Australia?

Greenberg, Simon and Kee, Christopher 2006, Can you seek security for costs in international arbitration in Australia?, Australian construction law newsletter, vol. 109, pp. 44-52.


Title Can you seek security for costs in international arbitration in Australia?
Author(s) Greenberg, Simon
Kee, Christopher
Journal name Australian construction law newsletter
Volume number 109
Start page 44
End page 52
Publisher Construction Publications
Place of publication Crows Nest, N.S.W.
Publication date 2006-07
ISSN 1032-0288
Keyword(s) Architects -- Legal status, laws, etc. -- Australia
Building laws -- Australia
Construction industry -- Law and legislation -- Australia
Engineering law -- Australia
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.
Notes Cover date July-Aug 2006
Language eng
Field of Research 180199 Law not elsewhere classified
HERDC Research category C3 Non-refereed articles in a professional journal
ERA Research output type X Not reportable
Persistent URL http://hdl.handle.net/10536/DRO/DU:30013336

Document type: Journal Article
Collection: School of Law
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