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…
The last several years have witnessed a tremendous increase in the participation of third-party funders in international arbitration. A growing number of claimants are seeking external funding,…
Third party funding (“TPF”) has attracted a great deal of attention from the legal community, as it offers significant advantages and poses serious risks for international arbitration. Besides…
On 19 October 2015, the Hong Kong Law Reform Commission published a Consultation Paper recommending that third party funding should be permitted for arbitrations in Hong Kong. The Paper invites…
Third-party funding is a controversial, dynamic, and evolving phenomenon in international arbitration. Proponents and opponents of third-party funding debate whether the practice will make a positive…
