RE: ICSID12 Mar 2023 11:08
Pet, follow your own argument through.
You expect that Clfford Chance on behalf of Slovenia will ask for security of costs. If you can foresee that, why can't Enyo, AST and the entity funding the legal costs? Do you think that it will come as a complete surprise to them, that they will throw their hands up in the air and say, well I didn't expect that!
Enyo, in pursuing things so far and up to the point where surety is demanded will have incurred a lot of costs under the funding agreement. If you were right and that the demand for surety was unexpected, unfunded and AST had to walk away then it is Enyo and the funder who are out of pocket. At this stage, it is not AST that would be walking away but Enyo and the funder.
Far more likely that Enyo and the funder have done their homework are happy with AST's case, fully expect CC to demand surety and if demanded it is funded.
Enyo have done this before and would expect all the usual things and the same would be the case with the funder.
DYOR