The line between third-party funders and law firms is blurring. Originally, there were only two traditional types of third-party funding arrangements. In the first type, the third-party funder makes…
1. In the past weeks, much ink has been spilt over the recent decision of the High Court of Justice in the Essar v. Norscot case. In his decision, J. Waksman QC confirmed the award made by Sir Philip…
A new development in the third party funding arena prompts an increased analysis of the theoretical foundations of the nature of third party funding. At the moment, there are divergent views on its…
Introduction
On 23 May 2016, CIETAC’s Hong Kong Arbitration Center (CIETAC HKAC) issued for public consultation draft Guidelines for third party funding (the draft Guidelines).
Third party funding …
While the great third-party funding debate appears to centre on the issues of disclosure, arbitrator bias, security for costs, and regulation, the potential conflicts between third-party funding and…
In recent years, international arbitration has emerged as a high-growth area for the litigation funding industry. All the major funders now have international arbitration cases in their portfolios,…
More or less since 2010, the topic of third party funding (“TPF”) in connection with international arbitration has been everywhere (heard of, seen in practice, written about, presented at conferences…
The ICC’s adoption, on 12 February 2016, of a “Guidance Note for the disclosure of conflicts by arbitrators,” which “aims at ensuring that arbitrators are forthcoming and transparent in their…
The Singapore International Arbitration Centre (“SIAC”) published a draft of new investment arbitration rules (the “draft SIAC IA Rules”) for public comment on 1 Feb 2016. They will be finalized on…
