Premium article - 25 July 2016
A New York private equity firm that reaped a record return by financing an ICSID case against Venezuela has agreed to fund a Canadian mining company’s looming treaty claim against Colombia.
Premium article - 01 June 2016
An ICSID tribunal has thrown out a US mining investor’s third-party funded case against the Dominican Republic after ruling that the US$100 million claim was time-barred.
Premium article - 21 April 2016
A pair of disputes practitioners have left their firms to open European third-party funder Therium’s first office in the US.
Premium article - 05 April 2016
Canadian mining company Crystallex has won more than US$1.38 billion in a third-party funded claim against Venezuela over an investment in a gold-mining project – one of the largest awards in ICSID’s history.
Premium article - 01 April 2016
Should there be a strong presumption that a party using third-party funding should be required to put up security for costs?
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.
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.
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.
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.
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.