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.
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.
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.
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.
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.
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.