Question juridique clé
Whether the cantonal court arbitrarily applied Geneva procedural law when compensating the first-instance and appeal costs instead of charging them to the respondent
Solution extraite
The compensation of costs was not arbitrary because, viewed against the parties' original submissions, the appellant had only partially prevailed and the court could rely on equitable allocation rules.
Motifs extraits
The Federal Court held that arbitrariness requires a manifestly unsustainable result. Under Geneva law, costs follow the outcome, but the court may depart from strict success-based allocation when fairness so requires or where a party prevailed only partly on its original conclusions. Here, the appellant had succeeded only on the subsidiary request for a stay, while its main request had failed.