Topic: Third-party funding

ICCA and Queen Mary invite feedback on funding report

A joint task force of the International Council for Commercial Arbitration and the School of International Arbitration at Queen Mary University of London is inviting comments on its long-awaited report on third-party funding of international arbitration.

06 September 2017

Enforcing a funded award in an anti-funding environment

For third-party funders and those who use funding, the enforceability of their awards is a key concern. Ben Knowles, the London-based co-chair of international arbitration at Clyde & Co, and senior associate Paul Baker consider whether enforcement of an award could be challenged in a jurisdiction that does not permit funding on the public policy ground that the award creditor was funded.

20 August 2017

Burford lands big win in airlines case

An ICSID tribunal has ordered Argentina to pay more than US$320 million plus interest for nationalising two airlines more than a decade ago - with the claimants' third-party funder Burford Capital set to receive around US$140 million from the award.

24 July 2017

BIT panel orders funded claimants to prove solvency

A tribunal hearing two bilateral investment treaty cases against Venezuela has ordered the third party-funded claimants to prove they have sufficient assets to pay costs if they lose – after the state demanded that they post US$5 million in security.

12 July 2017

Burford funds first Singapore case and hires in Hong Kong

Disputes funder Burford Capital is financing its first arbitration in Singapore and has recruited from Herbert Smith Freehills in Hong Kong in the wake of recent reforms allowing third-party funding in the two jurisdictions.

05 July 2017

Third-party funding gets all clear in Hong Kong

Hong Kong has adopted long-awaited legislation expressly allowing third-party funding of arbitration and mediation in the territory for the first time.

14 June 2017

Italy denied security for costs in solar claim

An ICSID tribunal has refused to order a solar power investor to pay security for costs in an Energy Charter Treaty claim against Italy, ruling that the investor’s reliance on a third-party funder following its insolvency did not make the order necessary or urgent.

14 June 2017

Singapore’s seismic shift on funding

Speakers at GAR Live Singapore today reflected on a year that saw a “seismic shift” in the country’s attitude to third-party funding – which went from a mere possibility 12 months ago to a reality embedded in statute.

07 June 2017

Irish Supreme Court maintains third-party funding ban

Third-party funding remains illegal in Ireland following a ruling yesterday from the country’s highest court.

24 May 2017

The first weeks of funding in Singapore

Singapore has quietly permitted third-party funding of international arbitration but funders are likely to be wary of taking on cases for some time, in part because of difficulties in enforcing awards in the region.

20 March 2017

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