Tenke Fungurume Mining SA v Katanga Contracting Services SAS [2021] EWHC 3301 – 7 December 2021 (Moulder J DBE)

The Claimant, a mine operator in the DRC, challenged the ICC Tribunal’s award under s.68 claiming serious irregularity by reason of, inter alia, failure to adjourn for a site visit and/or illness of their lead counsel (both linked to Covid 19), and the award of 9%  interest compounded monthly. The appeal was dismissed. The Claimant had a highly experienced legal team, had 4½ weeks to replace counsel, and, although, experts differed on the necessity of a site visit, the Tribunal had correctly exercised its discretion. Interest was set at the Defendant’s borrowing cost, and the Claimant failed to show that cross-examination of the Defendant’s CFO would have resulted in a different outcome.