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Can witnesses in the course of an arbitral hearing be requested to testify on issues for which they were initially not offered by a party? At the outset, this appears to be a remote question but it has become a rather frequent practical problem which can have a significant impact on the outcome of an arbitration. Here is a typical scenario, illustrated by an example: in a large post M&A dispute, the buyer = Claimant…

As we have outlined in an earlier post [here], arbitral tribunals – as a starting point – generally apply the rule “costs follow the event” to allocate the costs of the arbitration. That is the result of the ICC Commission Report “Decisions on Costs in International Arbitration”. The ICC Report also came to the conclusion that arbitral tribunals regularly exercise their discretion to adjust the event-based cost allocation on the basis of several factors. One…

The costs of international arbitration can be substantial. At the same time, an arbitral tribunal has a broad discretion regarding the question: Which party has to bear the costs of the arbitration? Against this background, the ICC Commission’s Task Force of Decisions as to Costs has reviewed hundreds of arbitral awards and has analysed in what manner arbitral tribunals exercise their discretion. The results were compiled in the ICC Commission Report “Decisions on Costs in…

Once again, the Hong Kong courts have made this place a more hostile environment for arbitration guerrillas. Punishment for arbitration guerrillas was swiftly laid down in another pro-arbitration decision by Mimmie Chan J (the Judge in charge of the Construction and Arbitration List of the High Court) in Chimbuso International Petroleum (Singapore) Pte Ltd v Fully Best Trading Limited (“Chimbuso”). In Chimbuso, the plaintiff commenced proceedings against the defendant in the Hong Kong Court of…