SA Coppee Lavalin NV v Ken-Ren Chemicals and Fertilisers Ltd (in liquidation in Kenya) and Voest-Alpine Aktiengesellschaft v Ken-Ren Chemicals and Fertilizers Ltd (in liquidation in Kenya) - House of Lords (Lord Keith, Lord Browne-Wilkinson, Lord Mustill, Lord Slynn and Lord Woolf) - 5 May 1994

Security for costs ordered in ICC Arbitration

In these two appeals the House of Lords held that the High Court has jurisdiction in an exceptional case pursuant to section 12(6)(a) of the Arbitration Act 1950 to order security for costs in an international arbitration held in London under the ICC Rules of Conciliation and Arbitration (1988 edition; CCI No 447-3, Paris 1993), but there was a difference of opinion as to whether such an order should be made in the circumstances of the present cases. The ICC Rules did not specifically mention security for costs.