No security for costs against New York Convention award holder | Practical Law
The Court of Appeal in Gater Assets Ltd v Nak Naftogaz Ukrainiy [2007] EWCA Civ 988 has held that the English court should not award security for costs against a claimant who seeks to enforce a New York Convention award pursuant to section 101 of the Arbitration Act 1996. Overturning the first instance decision of Field J, the Court of Appeal held by a majority that to order security for costs in such circumstances would involve an impermissible discrepancy between New York Convention awardholders and domestic awardholders (against whom security for costs could not generally be ordered).