As a follow up on an earlier post on the Hong Kong Court of Appeal decision on indemnity costs where a party unsuccessfully opposes an arbitral award (whether through a setting aside of the award or opposing the enforcement), this post on the Kluwer Arbitration Blog summarises both the Hong Kong position as well as in Australia and England.

I look forward to similar submissions being presented for consideration here in Malaysia and for the Malaysian Courts to decide on the policy on whether indemnity costs should be awarded or not in such situations.