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Third-Party Funding

No security for costs needed from claimant against Bolivia, says tribunal

No security for costs needed from claimant against Bolivia, says tribunal

Premium article - 22 March 2016

In a decision earlier this year, an UNCITRAL tribunal refused Bolivia’s request that South American Silver pay US$2.5 million security for costs in a case over the alleged expropriation of a silver mining concession, saying that it rejected the view of Gavan Griffith QC that claimants using third-party funders should be liable for such security in investor-state cases.

Third-party funding gets thumbs up in Hong Kong

Third-party funding gets thumbs up in Hong Kong

Premium article - 19 October 2015

Hong Kong should amend its laws to expressly permit third-party funding of arbitration, says a report from the special administrative region’s Law Reform Commission.

SINGAPORE: Third-party funding - an emergent reality

SINGAPORE: Third-party funding - an emergent reality

Premium article - 18 September 2015

Emmanuel Chua and Nic Patmore of Herbert Smith Freehills discusses recent developments in Singapore, including the recent decision of the Singapore High Court in Re: Vanguard Energy Pte Ltd, which give hope that third-party funding of arbitration – currently impermissible in the city state save in very specific circumstances – may finally be a reality in the near future.

Argentina targets funder and counsel over ICSID “fraud”

Argentina targets funder and counsel over ICSID “fraud”

Premium article - 16 September 2015

Prosecutors in Buenos Aires have launched criminal proceedings against a group of ICSID claimants and their third-party funder Burford Capital for alleged fraud, an unprecedented action that also appears to target lawyers from King & Spalding.

Slovakia claimants ordered to name funder

Slovakia claimants ordered to name funder

Premium article - 21 August 2015

Recently published documents in an ICSID case against Slovakia reveal that the tribunal ordered two mining companies to identify the third-party funder backing their claim but refused to order security for costs or the termination of criminal proceedings.

Tribunal orders disclosure of funding in ICSID case

Tribunal orders disclosure of funding in ICSID case

Premium article - 17 June 2015

In what is thought to be a first, an ICSID tribunal has ordered Turkish investors to disclose any third-party funding arrangements in a US$300 million claim against Turkmenistan.

Funder joins Kyrgyzstan claim as freeze on state assets is lifted

Funder joins Kyrgyzstan claim as freeze on state assets is lifted

Premium article - 12 June 2015

Canadian mining company Stans Energy has secured third-party funding for a new arbitration against Kyrgyzstan, as a freezing order it had obtained against Kyrgyz state assets in Canada is overturned.

Argentina faces new claims over YPF

Argentina faces new claims over YPF

Premium article - 08 May 2015

Burford Capital is financing a multibillion-dollar lawsuit against Argentina over its nationalisation of oil and gas operator YPF, with an investment treaty claim against the state expected to follow.

Serial ICSID claimant faces sanction for not paying security for costs

Serial ICSID claimant faces sanction for not paying security for costs

Premium article - 30 April 2015

US oil company RSM must comply with an order that it pay St Lucia security for costs within six months or its ICSID claim against the state will be dismissed, a tribunal has ruled.

MONEY COLUMN: Is third-party funding only for claimants?

Premium article - 17 February 2015

Mark Kantor, an independent arbitrator in Washington, DC, considers how respondents in international arbitrations can avail themselves of third-party funding in the form of insurance products.

Burford acquires asset recovery firm

Burford acquires asset recovery firm

Premium article - 30 January 2015

Third-party funder Burford Capital has acquired UK-based asset recovery firm Focus, expanding its ability to help clients collect on judgments and awards.

Co-arbitrators give verdict on Griffith’s funding comments

Co-arbitrators give verdict on Griffith’s funding comments

Premium article - 20 November 2014

GAR has obtained a copy of the decision declining to disqualify Australian arbitrator Gavan Griffith QC from an ICSID case against St Lucia over views he expressed that claimants backed by third-party funders should be liable for security for costs in investor-state cases.