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Arbitration Third Party Funding

Arbitration is a widely-used method for settling disputes between parties. During arbitration, parties submit their dispute to an impartial third person or party, usually chosen by the parties. Typically, parties... more +
Arbitration is a widely-used method for settling disputes between parties. During arbitration, parties submit their dispute to an impartial third person or party, usually chosen by the parties. Typically, parties to arbitration agree in advance to be bound by the arbitrator's decision. Arbitration is an alternative to litigation, but it shares many of the familiar features of litigation. Namely, parties to arbitration hold hearings before neutral decision-makers, present evidence and argue the merits of their position. Parties often choose arbitration due to its perceived advantages over litigation. Those perceived advantages include greater efficiency and flexibility, and lower costs. less -
A&O Shearman

UK Supreme Court Rules that Litigation Funding Agreements are ‘Damages-Based Agreements’

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In a decision of major importance for litigation in the UK, the UK Supreme Court has held that litigation funding agreements (“LFAs”) under which a litigation funder receives a percentage of any damages recovered by the...more

K&L Gates LLP

HUB Talks: Arbitration World: Introduction to Claim Financing Mini-Series: Bringing Claim Funding to a Successful Conclusion (Part...

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In this further episode in our mini-series on third party claim funding, Ian Meredith (Partner in the International Arbitration Practice of K&L Gates in London) speaks with Andrew Roberts (Head of Construction & Energy,...more

K&L Gates LLP

HUB Talks: Arbitration World: Introduction to Claim Financing Mini-Series: Bringing Claim Funding to a Successful Conclusion (Part...

K&L Gates LLP on

In this further episode in our mini-series on third party claim funding, Ian Meredith (Partner in the International Arbitration Practice of K&L Gates in London) speaks with Andrew Roberts (Head of Construction & Energy,...more

ArentFox Schiff

EU Parliament Voted To Regulate Third-Party Funding

ArentFox Schiff on

On September 13, 2022, the European Parliament approved a report by its committee on legal affairs that calls for the introduction of a new regulatory framework to prevent abuses that may be caused by third-party-funded...more

K&L Gates LLP

HUB Talks: Arbitration World: Introduction to Claim Funding Mini-Series: Key Issues In Third Party Funding – Part Two

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In this second episode in a mini-series on claim funding, Ian Meredith speaks with John Garda (Managing Director of Longford Capital LLC) regarding a number of the key issues related to third party funding of claims, from a...more

K&L Gates LLP

HUB Talks: Arbitration World: Introduction to Claim Funding Mini-Series: Relevant Considerations When Applying for Funding – Part...

K&L Gates LLP on

In this first episode in a mini-series on third party claim funding, Ian Meredith speaks with Tim Mayer (Senior Investment Officer, Therium Capital Management Ltd) regarding the process of applying for funding of claims,...more

Hogan Lovells

Les amendements au Règlement du CIRDI sont entrés en vigueur le 1er juillet 2022

Hogan Lovells on

Adopté par le Conseil administratif du CIRDI le 21 mars 2022, le nouveau Règlement du CIRDI (le « Règlement ») est entré en vigueur le 1er juillet 2022, avec l’objectif d’"une rationalisation des procédures pour permettre un...more

McDermott Will & Emery

New Amendments to ICSID Rules Come into Effect July 1, 2022

McDermott Will & Emery on

On July 1, 2022, the amended Regulations and Rules of the International Centre for Settlement of Investment Disputes (ICSID) (the 2022 Rules) will come into effect after being approved by the Member States on March 21,...more

White & Case LLP

Recent Arbitration Reforms in Nigeria

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Nigeria's recently passed Arbitration and Mediation Bill seeks to bring the country's arbitral practices in line with global standards, reaffirming Nigeria's position as one of the leading centres for commercial arbitration...more

Hogan Lovells

Las modificaciones a las Reglas del CIADI entrarán en vigor el 1 de julio de 2022

Hogan Lovells on

Conozca más sobre los cambios para mejorar la transparencia y la eficiencia en las modificaciones a las Reglas del CIADI, que entrarán en vigor el 1 de julio de 2022....more

Pillsbury Winthrop Shaw Pittman LLP

ICSID Issues an Amended Set of Arbitration Rules

The amended rules issued by the International Centre for Settlement of Investment Disputes mandate certain disclosures, increase transparency and reduce costs, among other things. ...more

White & Case LLP

The Renewal of DIAC: New Rules Launched in 2022

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On 2 March 2022, the Dubai International Arbitration Centre ("DIAC") published the DIAC Arbitration Rules 2022 (the "2022 Rules"). The 2022 Rules follow the re-launch of DIAC by Decree No. 34 of Year 2021 (the "Decree")....more

BCLP

English Court supports broad discretion of arbitrators despite COVID-19 and debate over third party funding costs

BCLP on

The recent Commercial Court decision in Tenke Fungurume Mining S.A. v Katanga Contracting Services S.A.S. highlights the very broad discretion that arbitrators have when it comes to making decisions concerning the conduct of...more

Dorsey & Whitney LLP

International Arbitration of Chinese Companies (Series VI): Is Third Party Funding Feasible? - Chinese Version

Dorsey & Whitney LLP on

我们在系列三(中国企业的国际仲裁(系列三):在香港仲裁 ,费用真的很高吗?)文章中提到香港商事仲裁费用偏高的问题,同时也提到第三方资助可能是企业可以考虑的解决方法之一。试想这样一个情况:企业在经历了新冠肺炎之后,竭尽全力组织恢复生产、经营。...more

Dorsey & Whitney LLP

PRC Companies in International Arbitration (Series VI): Is third-party funding feasible?

Dorsey & Whitney LLP on

As mentioned in our previous article, the costs of commercial arbitration in Hong Kong are pretty high. Third-party funding, however, could be one of the possible solutions for companies to consider....more

Latham & Watkins LLP

ICC Launches Revised Arbitration Rules for 2021

Latham & Watkins LLP on

The amendments aim to increase transparency and efficiency in the arbitral proceedings. Key Points: ..To increase transparency, parties must disclose “the existence and identity” of third-party funders. ..To...more

Morrison & Foerster LLP

The New ICC Arbitration Rules

The International Chamber of Commerce (the ICC) has hit the ground running in the new year with its 2021 Arbitration Rules (the 2021 Rules), which came into force on and apply to cases filed from 1 January 2021. The 2021...more

Fox Rothschild LLP

2021 ICC Rules Update Aims At Greater Efficiency, Flexibility, And Transparency And Addresses COVID-19 Issues

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The leading international arbitration institutions, including the London Court of International Arbitration (“LCIA”) and the International Court of Arbitration (“ICC”), are revising their arbitration rules to improve...more

Jones Day

ICC Adopts 2021 Rules of Arbitration

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The 2021 ICC Rules, which will enter into force on January 1, 2021, include a new requirement for disclosure of third-party funding arrangements. On October 8, 2020, the International Chamber of Commerce ("ICC") announced...more

Mintz - Arbitration, Mediation, ADR...

Discoverability of Third Party Funding Documents in Arbitration – Part II

In January, in Part I of this post, we discussed the “relevance” factor in determining the discoverability of litigation funding agreements and correspondence with funders. (For these purposes, the word “litigation” means...more

BCLP

And then there were three…Third Party Funding in Hong Kong

BCLP on

What is TPF and why is it important? In essence, TPF allows you (as a party to a dispute or a legal representative to that party) to go to a third party to obtain funding for an arbitration. If you lose, the funder does...more

White & Case LLP

Which jurisdiction? Choosing where to litigate: A jurisdictional overview of the world’s court systems

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With ongoing advances in technology and communications, the number of contracting parties looking beyond their local jurisdiction when choosing a dispute resolution forum continues to grow It is easier than ever for...more

Latham & Watkins LLP

Can’t Pay, Won’t Pay - Hong Kong Introduces Third-Party Funding of Arbitration

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New provisions allowing third-party funding of arbitration come into force on 1 February 2019. Key Points: ..The key provisions of the Arbitration and Mediation Legislation (Third-Party Funding) (Amendment) Ordinance...more

Mintz - Arbitration, Mediation, ADR...

Discoverability of Third Party Funding Agreements in Arbitration – Part I

The use of third party funding of arbitration and litigation proceedings provides broader access to formal claim resolution mechanisms, but that benefit may come with some unique issues for the uninitiated. However,...more

Akin Gump Strauss Hauer & Feld LLP

ICSID Rules Reform: Public Comments Are Due Before the End of December

• The current reform of the ICSID Rules, launched in October 2016, is the most far-reaching amendment process in over 50 years. • The reform aims at modernizing and simplifying the Rules, enhancing the balance between...more

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