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Increasingly, US contract dispute resolution clauses are incorporating fee shifting (adverse costs) provisions in the event of a dispute arising between the parties. Arbitrators are also increasingly awarding costs against the losing party in international arbitrations.

In addition to arranging Litigation Finance and/or Attorney Fees Insurance, our team specializes in the placements of Fee Shifting Insurance. This covers the policyholder’s potential liability for the opponent’s fees and costs if the case is lost and a fee-shifting award is made against the plaintiff.

This insurance provides a piece of mind and drastically alters the cost / benefit analysis when considering pursuing a meritorious claim.

Cover can be purchased to match the anticipated exposure to the opponent’s costs.

Security for Costs in International Arbitrations

We are experts in providing solutions for clients facing potential security for costs applications. There are many potential ways in which security for costs issues can be addressed, including specific financial instruments. Please contact us to discuss your requirements.

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