England & Wales High Court (arbitration appeal) · UK · 2016 · Decided
Citation/Docket: [2016] EWHC 2361 (Comm)
Posture: Recoverability of funding costs in arbitration
Funder(s) involved: Woodsford (funder of Norscot)
An ICC tribunal awarded the winning party the cost of its litigation funding (including the funder's uplift) as 'other costs'; the loser challenged the award.
Upheld, arbitrators may award third-party funding costs under the Arbitration Act.
In arbitration, funding costs can shift to the loser, a major economic asymmetry vs. court litigation that parties should price into strategy.
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Compiled from public sources (court filings, published opinions, and secondary reporting) as part of the Institute's Phase 1 Dispute Library research. This is educational material, not legal advice; case citations should be independently verified before relied upon.