Harbour provided extensive input when Singapore, Hong Kong and Dubai considered legislation around third party funding and the team is continuously invited to talk about
funding at arbitration forums and litigation conferences globally.
Not exact matches
In my next column, I will look
at these and other issues the Tribunal may have to consider in exercising its jurisdiction over the
arbitration procedure and the involvement of a third party
funder.
In my previous column, I looked
at the growth of third party litigation (and
arbitration)
funding in Canada and discussed whether an
arbitration Tribunal has any jurisdiction to control the involvement of
funders.
The arbitrator was highly critical of the conduct of the Respondent in the
arbitration, stating that the Claimant was
at a clear financial disadvantage and was faced with no alternative but to seek third party
funding because the Respondent:
After the launch of our portfolio
funding product with law firms
at the end of 2014, we saw significant demand in the offering from lawyers interested in working on a partial contingent basis and we rolled this out across a number of leading firms with particular interest from the
arbitration community.
Mark Hartigan, Client Services Director
at Just Costs Solicitors, said: «Cost management of disputes following Jackson's reforms has become an increasing focus for parties in
arbitration and litigation situations, both
funded and unfunded.
Elly's work
at Boies Schiller focused on major high - stakes disputes, including representing Apple in its global antitrust litigation against Qualcomm; Midtown Acquisitions LP, a Davidson Kempner affiliate, in its multi-jurisdictional judgment enforcement against Essar Global
Fund Limited; A1 noteholders in their successful High Court litigation and settlement against the Canary Wharf Group; a major hedge fund in relation to complex High Court proceedings against Terra Firma Capital Partners» Four Seasons Healthcare Groups; and several significant commercial and investor - state arbitrati
Fund Limited; A1 noteholders in their successful High Court litigation and settlement against the Canary Wharf Group; a major hedge
fund in relation to complex High Court proceedings against Terra Firma Capital Partners» Four Seasons Healthcare Groups; and several significant commercial and investor - state arbitrati
fund in relation to complex High Court proceedings against Terra Firma Capital Partners» Four Seasons Healthcare Groups; and several significant commercial and investor - state
arbitrations.
2015 saw the total value of claims
funded by Therium break the $ 5 billion mark with litigation and
arbitration cases in the UK, Europe, Asia - Pacific and in the Americas, including high profile cases such as the shareholder group action against Lloyds Banking Group over the acquisition of HBOS
at the peak of the financial crisis.
Indeed, advisers ought to be talking to their clients about
funding both in the context of litigation and
arbitration at an early stage».
At this stage such categories include
funding international
arbitration proceedings and related court or mediation proceedings.
Robert Rothkopf speaks about allocation of third party
funding costs in international
arbitration at ICC YAF Conference in Zurich on 30 June 2017.
As a litigation
funding firm, we invest in commercial disputes brought by businesses, entrepreneurs, investors and shareholders, whether individually or seeking
funding for class actions,
at all stages of the litigation or
arbitration process.
Calunius partner Christian Stuerwald and fellow speakers will discuss
at a seminar organized by the Swedish
Arbitration Association (SAA) the use of and room for growth for dispute
funding in Sweden and the Nordics; these countries have a business environment that creates relatively large disputes by the numbers and a sound and transparent legal culture with reliable courts and commercial
arbitration.
At present, Singapore law generally prohibits third party
funding in litigation or
arbitration.
Litigation finance or litigation
funding is the provision of capital to a claimholder in exchange for a portion of the proceeds in a litigation or
arbitration where recourse is limited to the proceeds of the litigation or
arbitration at issue.
Previous Native Title Reports have commented on the Commonwealth's respondent
funding scheme, 81 noting its effect in hardening the positions of those who already have their interests protected in any event, 82 and its seeming encouragement of litigation over negotiation.83 During the consultations, an NTRB in Queensland expressed frustration
at the inequality created when mining and other companies are financed directly by the Attorney - General, putting NTRBs (and therefore the traditional owners they represent), with limited
funding as described above,
at a disadvantage when appearing in
arbitration hearings about the doing of future acts.
An Arizona trial court has considered whether a REALTOR ® association has the power to discipline a member who was the nonprevailing party
at an
arbitration who then refused to escrow the
funds while appealing the decision, as required by the Association's bylaws.