Premium article - June 16, 2014
Iain McKenny of UK disputes funder Vannin Capital argues that there is a vast reservoir of untapped arbitration claims that prevailing business models make too uneconomical to take on, and calls on arbitral institutions to take the lead in helping claimants access potential funding packages.
Premium article - August 26, 2014
An ICSID tribunal has ordered US oil company RSM to pay security for costs in a claim against St Lucia, in what is thought to be the first decision of its kind.
Premium article - September 11, 2014
Christopher Bogart, CEO of litigation financier Burford Capital, fiercely criticises the recent decision of a majority tribunal at ICSID to make a security for costs order against the claimant in RSM v St Lucia - and especially what he calls the "preposterous overreaction" of Gavan Griffith QC.
Premium article - September 24, 2014
In a response to a recent article in GAR, Peter Griffin of London-based investment claims consultancy Slaney Advisors writes that the CEO of Burford Capital's criticism of a majority ICSID tribunal for awarding security for costs in RSM v St Lucia - and particularly his castigation of Australian arbitrator Gavan Griffith QC - is "regrettable".
Premium article - September 25, 2014
By Christopher Bogart, CEO of litigation financier Burford Capital
Premium article - October 25, 2014
An ICSID decision awarding security for costs to the Caribbean island of St Lucia saw Gavan Griffith QC highlight the problem of litigation funders sharing the benefits of successful arbitration claims, while not bearing the adverse costs consequences should the claim fail. Alison Ross reports
Premium article - April 30, 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 - May 08, 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 - March 22, 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 - April 01, 2016
Should there be a strong presumption that a party using third-party funding should be required to put up security for costs?