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Third-Party Funding

Bolivia escapes bulk of treaty claim over silver mine

Bolivia escapes bulk of treaty claim over silver mine

23 November 2018

A divided tribunal has found Bolivia liable for the expropriation of a silver mining concession while awarding the third-party funded claimant significantly less than the US$385 million it had sought – prompting a separate opinion by Chilean arbitrator Francisco Orrego Vicuña shortly before his death last month.

A new "fully regulated" third-party funder opens in Paris

A new "fully regulated" third-party funder opens in Paris

02 November 2018

Former general counsel of disputes and managing director at Vannin Capital Iain McKenny has launched a new fund, Profile Investment or “Pi”, which he says will be part of a new breed of "European asset management regulated" third party funders that will be more transparent and comply with European money laundering regulations.

Uruguay faces treaty claim over collapsed airline

Uruguay faces treaty claim over collapsed airline

Premium article - 24 October 2018

After reportedly being acquired by a private equity firm known for its funding of ICSID cases, a Panamanian holding company has threatened to bring an investment treaty claim against Uruguay over the renationalisation of an airline.

Uzbekistan escapes Swiss enforcement bid

Uzbekistan escapes Swiss enforcement bid

Premium article - 22 October 2018

The Swiss Federal Supreme Court has blocked a bid by an affiliate of third-party funder Calunius Capital to enforce an investment treaty award against Uzbekistan, finding the underlying dispute did not have a “sufficient domestic connection” with Switzerland.

Vannin delays IPO after defeat in Costa Rica case

Vannin delays IPO after defeat in Costa Rica case

Premium article - 19 October 2018

Third-party funder Vannin Capital has postponed a planned initial public offering, shortly after disclosing a US$6.6 million loss on an investor-state arbitration against Costa Rica.

Not just legal fees…

Not just legal fees…

Premium article - 09 October 2018

Verity Jackson-Grant, the director of business development at specialist third-party funding broker The Judge, discusses funding trends and how removed from mere legal fees and expenses financing can become.

No split hearing for Colombia mining claim

No split hearing for Colombia mining claim

Premium article - 28 August 2018

An ICSID tribunal has refused a request by Colombia to hold a separate hearing on jurisdiction in a closely watched case brought by a Canadian mining company that was deprived of its right to operate within an environmental preservation zone.

Market trends and legal issues in third-party funding

Market trends and legal issues in third-party funding

Premium article - 08 August 2018

An event in London organised by Withers addressed third-party funding of international arbitration in the wake of the recommendations in the ICCA-Queen Mary report. Uliana Cooke of Withers in London reports

Funded BIT claimants ordered to pay security

Funded BIT claimants ordered to pay security

Premium article - 06 August 2018

A tribunal hearing a pair of bilateral investment treaty claims against Venezuela has ordered the third-party funded claimants to post US$1.5 million in security for costs – only the second known time such an order has been made in an investment arbitration.

Funder seeks to enforce against Uzbekistan

Funder seeks to enforce against Uzbekistan

Premium article - 30 July 2018

An affiliate of third-party funder Calunius Capital has applied to a US court to enforce a US$13 million investment treaty award against Uzbekistan – while the mining company that assigned the award tries to revive a billion-dollar claim.