全球智库信息集成服务系统(G2TT): IISD Best Practices Series: Security for Costs

Security for costs is an issue attracting more and more attention in investor-state dispute settlement (ISDS), as states look for ways to manage the very high costs to their taxpayers of responding to ISDS cases.

Security for costs is an order made by the tribunal requiring the investor bringing the claim to pay a deposit to cover the state’s expected costs in defending itself. It is increasingly in the spotlight, especially in the context of increased use of third-party funding in ISDS.

This Best Practices brief outlines why states would want to obtain an order for security of costs and the challenges they face in obtaining such orders. It explains the limited guidance on the issue of security for costs in arbitral rules and treaties and the fact that tribunals have, as a result, been free to establish a very high threshold for granting it. It also provides recommended treaty language on the issue of security for costs that can be used to overcome the challenges outlined in the brief.

来源类型	Best Practices
规范类型	其他
	IISD Best Practices Series: Security for Costs
	Sarah Brewin
发表日期	2018-10
出版者	IISD
出版年	2018
页码	12
语种	英语
概述	This IISD Best Practices paper explores challenges for states in obtaining orders for security of costs and provides model treaty language designed to help overcome those challenges.
摘要	Security for costs is an issue attracting more and more attention in investor-state dispute settlement (ISDS), as states look for ways to manage the very high costs to their taxpayers of responding to ISDS cases. Security for costs is an order made by the tribunal requiring the investor bringing the claim to pay a deposit to cover the state’s expected costs in defending itself. It is increasingly in the spotlight, especially in the context of increased use of third-party funding in ISDS. This Best Practices brief outlines why states would want to obtain an order for security of costs and the challenges they face in obtaining such orders. It explains the limited guidance on the issue of security for costs in arbitral rules and treaties and the fact that tribunals have, as a result, been free to establish a very high threshold for granting it. It also provides recommended treaty language on the issue of security for costs that can be used to overcome the challenges outlined in the brief.
主题	Investment for Sustainable Development
URL	https://www.iisd.org/library/iisd-best-practices-series-security-costs
来源智库	International Institute for Sustainable Development (Canada)
资源类型	智库出版物
条目标识符	http://119.78.100.153/handle/2XGU8XDN/59204
推荐引用方式 GB/T 7714	Sarah Brewin. IISD Best Practices Series: Security for Costs. 2018.

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