Singapore—standard costs to be awarded by default for failed award set-aside applications (BTN v BTP)

Table of contents

• What are the practical implications of this case?
• What was the background?
• What did the court decide?
• Case details

Article summary

Arbitration analysis: A recent Singapore High Court case confirmed the default position under Singapore law that unsuccessful applications to set aside an arbitral award will be awarded costs on a standard basis rather than on an indemnity basis. Costs on an indemnity basis will only be awarded in exceptional circumstances. An application for the court to fix the quantum of costs is not an opportunity for a party to request the court to switch the basis of the costs order from a standard to an indemnity basis. Written by Wei Ming Tan, senior associate at CMS Holborn Asia.