A Surprise Award of Third Party Funding Costs

Third party funding is increasingly used by claimants in international arbitration even though the cost can be significant. To the surprise of many, the English Commercial Court recently held in Essar v. Norscot that a winning claimant could recover from the losing respondent the cost of obtaining third party funding as a cost in the arbitration. So, what exactly is third party funding and what are the implications of Essar v. Norscot for parties involved in international arbitration.