CoA, January 14, 2024, Order On Panel Review, UPC_CoA_651/2024

1. Key takeaways

Order on security is case management and open for panel review (R. 333 RoP)

Judge-rapporteur can issue an order for security of costs. There is no wording in R. 158 RoP that such orders shall be adopted by the panel.

There is a broad scope for review of actions of the judge-rapporteur, as laid down in RoP, in particular R. 331 RoP in conjunction with R. 102 and R. 333 RoP. Decisions and orders by the judge-rapporteur under the mandate of the panel can always be reviewed, either at the initiative of the panel itself, or at the (reasoned) request of a party. It follows from this broad interpretation that an order on security for costs pursuant to R. 158 RoP must be considered a case management order. Consequently, such orders are subject to review by the panel, as provided for in R. 333 RoP.