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Third-Party Funding

Crystallex funder backs Colombia claim

Crystallex funder backs Colombia claim

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.

Dominican Republic triumphs in DR-CAFTA claim

Dominican Republic triumphs in DR-CAFTA claim

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.

Funder hires for New York opening

Funder hires for New York opening

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.

Crystallex wins billion-dollar award against Venezuela

Crystallex wins billion-dollar award against Venezuela

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.

GAR Live lookback: interrupting a gambler’s nirvana – the controversy over funders and security for costs

GAR Live lookback: interrupting a gambler’s nirvana – the controversy over funders and security for costs

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?

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.