Ch. 333 LAWS OF MARYLAND

(1) AS PROVIDED BY THE AGREEMENT; OR

(2) WHERE THE ARBITRATION HEARING WAS HELD.

HAS NOT BEEN HELD, THE PETITION COMPLAINT SHALL BE FILED WITH
THE COURT IN THE COUNTY WHERE:

(1) THE ADVERSE PARTY RESIDES;

(2) HAS A PLACE OF BUSINESS OR OWNS REAL PROPERTY; OR

(3) IF THE PARTY HAS NEITHER A RESIDENCE NOR A PLACE
OF BUSINESS OR PROPERTY IN THE STATE, IN BALTIMORE CITY.

3-2B-06.

(A) NOTWITHSTANDING ANY OTHER PROVISION OF THIS SUBTITLE,
AND UNLESS THE ARBITRATION AGREEMENT PROVIDES OTHERWISE,
THE ARBITRAL TRIBUNAL IN AN INTERNATIONAL COMMERCIAL
ARBITRATION IN THIS STATE MAY, AT THE REQUEST OF A PARTY AND
AFTER AN OPPORTUNITY FOR ANY OTHER PARTY TO THE ARBITRATION
AGREEMENT TO BE HEARD, ORDER ANY PARTY TO POST SECURITY OR
COUNTERSECURITY IN A FORM SATISFACTORY TO THE ARBITRAL
TRIBUNAL IN AN AMOUNT NOT TO EXCEED THE AMOUNT OF THAT
PARTY'S CLAIM, CROSS-CLAIM, OR COUNTERCLAIM (EXCLUDING
ATTORNEYS' FEES) IF:

(1) THE PARTY TO BE REQUIRED TO POST SECURITY OR
COUNTERSECURITY RESIDES IN A COUNTRY THAT HAS NOT RATIFIED
AND ADOPTED THE UNITED NATIONS CONVENTION ON THE
RECOGNITION AND ENFORCEMENT OF FOREIGN ARBITRAL AWARD AND
DOES NOT HAVE SUFFICIENT ASSETS IN THE UNITED STATES TO SATISFY
THE AMOUNT OF THE CLAIM OR COUNTERCLAIM; OR

(2) THE ARBITRAL TRIBUNAL OTHERWISE DETERMINES THAT
THERE IS JUST GOOD CAUSE TO REQUIRE SECURITY OR
COUNTERSECURITY.

(B) (1) ON PETITION MOTION OF A PARTY TO A CIRCUIT COURT
TO VACATE OR MODIFY AN ORDER FOR SECURITY OR
COUNTERSECURITY, A HEARING SHALL BE HELD PROMPTLY.

(2) UNLESS THE PARTY REQUIRED TO POST SECURITY OR
COUNTERSECURITY ESTABLISHES THAT AN ORDER FOR SECURITY OR
COUNTERSECURITY IS AN ABUSE OF DISCRETION BY THE ARBITRAL
TRIBUNAL, THE COURTS OF THIS STATE SHALL ENFORCE ORDERS FOR
SECURITY OR COUNTERSECURITY.

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