International Arbitration – Claimant’s Security of Costs for Enforcement Proceedings

    View Author July 2020
    On 16 July 2020, the Federal Court of Australia refused a novel application for security of costs by an award creditor seeking to enforce an award under s 8 of the International Arbitration Act 1974 (Cth): Energy City Qatar Holding Company v Hub Street Equipment Pty Ltd [2020] FCA 1033. After commencing enforcement proceedings against the debtor, the creditor applied for security for its costs of prosecuting the debtor on the basis proceedings were defensive in nature, i.e. that it was in fact the defender rather than the claimant.