ReSolution Issue 13, May 2017 | Page 44

On the flipside, the opposing party needs to be alive to the evidence that an applicant will need to provide to convince a tribunal that the balance of convenience and fairness lies with them. For example, it will want to make arguments that will resonate with the tribunal, appear co-operative and dispel any conspiracy theories. It may be worth arguing, for example, that the applicant should have known the position all along and that the position has not changed. In a security for costs context, the claimant will often argue that a genuine claim would risk being stifled by an order. While it might seem counter-intuitive, real consideration should also be given to whether it may be advantageous to co-operate with requests for financial information or evidence of ability to pay or even to provide bank guarantees.

ENDNOTES
1. China International and Economic Trade Arbitration Commission
2. International Centre for Dispute Resolution
3. Hong Kong International Arbitration Centre
a. ICC International Court of Arbitration Bulletin Vol 25 Supplement 2014, "Procedural Decisions in ICC Arbitration: Security for Costs"
b. The Chartered Institute of Arbitrators, "International Arbitration Practice Guideline: Applications for Security for Costs".
c. Supra note (i).
d. RSM Production Corporation v. Saint Lucia, ICSID Case No. ARB/12/10, Decision on Saint Lucia's Request for Security for Costs (13 August 2014).

About the AuthorS

Chris Parker, Partner
Chris is a partner specialising in international arbitration.

Elaine Wong, Partner
Elaine is a dispute resolution specialist and partner in the Tokyo office


Gitta Satryani, Senior Associate
Gitta is a senior associate in the Singapore office

Elizabeth Kantor, Senior Associate
Elizabeth is a senior associate in the London office.





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