Indemnity costs for unsuccessful challenge to arbitration agreement

22 Jan 2016

The Hong Kong High Court has clarified in a decision by Madam Justice Mimmie Chan in Chimbusco International Petroleum (Singapore) Limited v Fully Best Trading Limited [2015] HKCFI 2196 that absent special circumstances, costs to be borne in an unsuccessful challenge to an arbitration agreement should be ordered on an indemnity basis.