03 February 2011
A v B [2010] EWHC 3302 (Comm), [2011] All ER (D) 184 (Jan)
It was well established that in most cases where a party was making an application pursuant to s 70(7) of the Arbitration Act 1996 for security for any money payable under an award, there would be a threshold requirement that that party should demonstrate that the challenge to the jurisdiction was flimsy or otherwise lacked substance. Further, as a general principle, the court should not order security unless the applicant could demonstrate that the challenge to the award whether under s 67 or ss 68 or 69 would prejudice its ability to enforce the award.
