How can a party obtain security for costs in international litigation?
In international litigation, parties may need to obtain security for costs in order to make sure that the cost of a civil or commercial dispute is covered. In Washington, there are several ways for parties to secure these costs. First, parties may enter into an agreement that states that each side will pay their own costs in the event of a dispute. This agreement can be stated in a contract or memorandum of understanding, or through another form of written agreement. Second, parties may request that an arbitrator or a court order security for costs if the dispute must be resolved through a dispute resolution process. In these cases, one or both parties can make a request for security for costs and the arbitrator or court will decide if the request is reasonable. Third, in certain cases, a party may be able to seek security for costs through a forum selection agreement. This is an agreement between the parties to the litigation that requires them to submit their dispute to a specific jurisdiction and to secure costs in that jurisdiction. Fourth, parties may be able to seek security for costs through an escrow agreement. This is a type of agreement where a deposit is made with a third party and held until a resolution is reached. Finally, parties may be able to seek security for costs through a letter of credit. This is a document from a bank that is issued to one side in a dispute in order to guarantee payment in the event of a disagreement. These are just a few of the ways in which parties may be able to secure costs in international litigation in Washington. It is important for parties to seek legal advice about all of their options before making any decisions about how to secure costs for a dispute.
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