How can a party obtain security for costs in international litigation?
When parties are involved in international litigation, it is important to ensure that one is not taken advantage of financially. This is why parties in international litigation may seek security for costs in order to protect themselves financially. In California, a party can obtain security for costs by filing a motion with the court. The motion must provide evidence that the party filing is likely to prevail and that they need the security to cover the expenses associated with litigation (e.g. legal fees, travel costs, and expert witness fees). The motion must also show that the other party is financially unable or unwilling to pay these costs. The court will then review the motion and may grant the request by ordering the other party to either post a cash bond or show proof of a suitable surety bond (an insurance policy that covers any losses in the event the other party does not pay). The amount of the bond is typically based on the estimated costs of the case and should cover all expenses should the party requesting the security prevail. Once the security is granted, the party is protected from any losses should the other party not be able to pay. The security for costs may also give an incentive for the other party to settle the case more quickly as they will have to pay for the bond until the end of the case.
Related FAQs
What are the differences between domestic and international litigation law?How can a party obtain a stay of execution in international litigation?
What is a class action suit and when can it be used in international litigation?
What are the rules governing conflicts of laws in international litigation?
How can a party challenge an arbitrator’s decision in international litigation?
What are the steps involved in international arbitration?
What are the advantages and disadvantages of arbitration in international disputes?
What is the doctrine of universal jurisdiction and how does it apply to international litigation?
What is a default judgment and when can it be used in international litigation?
What is the role of expert witnesses in international litigation?
Related Blog Posts
An Overview of International Litigation Law - July 31, 2023Exploring the Different Types of International Litigation - August 7, 2023
Key Elements of an International Litigation Case - August 14, 2023
Preparing for International Litigation and Key Considerations - August 21, 2023
Stages of International Litigation and Their Implications - August 28, 2023