Elaine is a dispute resolution specialist and partner in our Tokyo office. She helps leading Japanese and multinational companies—mainly in the energy, mining, infrastructure, construction and manufacturing sectors—handle cross-border commercial disputes, primarily through international arbitration. She is recognised as a leading individual for dispute resolution in Japan by Chambers Asia-Pacific, and is "highly appreciated for her arbitration skills, particularly on construction and energy issues, and specifically praised by clients for selecting the right strategies for, and avoiding the pitfalls of, cross-border disputes" (Chambers Global).
This Practice Note considers the availability of security for claims (or security for claim or security for a claim) in international arbitral (arbitration) proceedings. The Practice Note addresses what is security for claim(s), how does security for claims differ from security for costs, the availability of security for claims in ad hoc and institutional arbitration and under selected national arbitration laws, notably the Arbitration Act 1996 in England and Wales, the French Code of Civil Procedure, the Hong Kong Arbitration Ordinance (CAP 609), and the Singapore International Arbitration Act. The Practice Note considers applications to arbitral tribunals and to courts, and the orders for security that may be obtained from them, including the arrest of property. The Practice Note also provides some guidance on the criteria for obtaining security for claims, such as material change of circumstances and location of assets, and it contains practical tips.
If you expected to see yourself on this page, click here.
0330 161 1234