Tenke v Katanga: The English Commercial Court Provides Further Clarity on the Ability to Recover Third Party Funding Costs in Arbitration
The recent English Commercial Court decision in Tenke Fungurume Mining SA v Katanga Contracting Services SAS [2021] EWHC 3301 (Comm) has provided an interesting further comment on the broad discretion available to tribunals in English-seated arbitrations to award the costs of third party funding as part of costs awards. The decision by Mrs Justice Moulder…