Our previous article raised the issue that costs of commercial arbitration are pretty high...

PRC Companies in International Arbitration (VII): Who shall bear the arbitration costs? – JD Supra

Our previous article raised the issue that costs of commercial arbitration are pretty high in Hong Kong. Then who should bear the costs at the end of the arbitration? Generally, the arbitral tribunal has the power to decide on the proportion of arbitration costs to be borne by the parties thereto. Herein, we provide a brief introduction on how the arbitral tribunal assesses the costs of the arbitration, including administrative costs, the tribunal’s fees and expenses, and the parties’ own legal and other costs. Section 74(1) of the Hong Kong Arbitration Ordinance provides that “an arbitral tribunal may include in …

 

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