Read the full judgment text of CACV 136/2011 on BabelCite. This 高等法院上訴法庭 judgment was delivered on 23 July 2012 before Hon Tang VP, Kwan JA and Fok JA.
Costs in arbitration-related proceedings — indemnity costs — whether appropriate absent special circumstances — The Court of Appeal, allowing the Defendant's appeal against setting aside of an ICC arbitral award, ordered costs on an indemnity basis. It recognized the binding decision in Gao Haiyan endorsing indemnity costs as a norm in unsuccessful challenges to arbitration awards to uphold the integrity and efficiency of arbitration proceedings. The Court distinguished the contrary Victorian Court of Appeal decision but maintained that reasonably arguable challenges do not suffice as special circumstances. Certification for two counsel was also awarded given case complexity. Ultimately, unsuccessful challengers to arbitration awards without special circumstances should expect indemnity costs. Defendant's appeal was allowed, and indemnity costs were awarded with two counsel certification.
Legal issues: Basis for awarding indemnity costs in arbitration-related proceedings · Certification for two counsel
Outcome: Defendant's appeal allowed; costs ordered on indemnity basis with certification for two counsel.
Cited by 10 cases