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Security for claims in arbitration
The decision to refer a dispute to arbitration will inevitably be influenced by the prospects of enforcing any award which may ultimately be obtained. Unless security has been obtained in advance, the process of issuing enforcement proceedings, whether in England or abroad, may be disproportionately expensive or time-consuming, particularly where it is difficult to locate assets. In practical terms it may be pointless to arbitrate if there is no machinery for securing claims.
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