tenants seek to set aside arbitral award made in landlord’s favour
first ground of challenge falls away at hearing
second ground of challenge added at commencement of hearing and fails
Quick Take
1Departure from the general rule that costs follow the event is exceptional; the unsuccessful party bears the onus of demonstrating a basis for departure.
2Where a party commences proceedings to set aside an arbitral award in toto but the opposing party has offered from the outset to consent to correction of a drafting infelicity, the unsuccessful challenger's conduct in pressing on with the proceedings rather than accepting the offered solution does not warrant departure from the usual costs order.
