ABSTRACT
Effect of a stay on provision of security Where the substantive dispute is to be heard in a foreign court or in arbitration, the claimant or claimant will still need to have recourse to the English courts to obtain security for its claim by an action in rem. If that action is stayed or dismissed, that will affect the validity of the arrest. In such a case the property under arrest will be released. If the stay or dismissal occurs after the provision of bail or other security, then the court will order that such security be surrendered. Where the stay is discretionary, as in cases involving the principles of forum non conveniens , the court can make the stay conditional on the retention or provision of security.
