One of the arguments in
favour of third party funding is that it enables a plaintiff to pursue a claim for which it might otherwise not have the financial resources.
Lawyers considering and assessing potential funding opportunities on
behalf of third party funders will inevitably all have different backgrounds, skills and experiences which may influence their thinking.
In addition, the final part of this section addresses the topical
issue of third party funding and how that might be relevant to an arbitrator's disclosure obligations.
Global Arbitration News examines the
use of third party funding in arbitration, and answers questions such as «when is third party funding typically available» and «what are the cost benefits»?
The introduction of clear, ethical and financial standards in the form of a Code of Practice, will provide a progressive framework for the use
of third party funding in arbitration and mediation in Hong Kong, including robust safeguards to protect against potential abuse.
Robert Rothkopf speaks about allocation
of third party funding costs in international arbitration at ICC YAF Conference in Zurich on 30 June 2017.
Although the recommendations are not binding, they provide some welcome indications of the direction that Hong Kong will take in respect
of third party funding for arbitration.
The Ministry of Law invited comments on its draft Civil Law (Amendment) Bill 2016 and Civil Law (Third - Party Funding) Regulations 2016, which propose to liberalise the market in Singapore in
respect of third party funding of parties in international commercial arbitration, bringing the jurisdiction in line with major arbitration centres around the world, including London, Paris and Geneva.
The answer is that there are a number of factors which impact the
price of third party funding — including the non-recourse nature of the funding and the relative merits and risks of a given case.
Calunius partner Mick Smith took part in a panel session on Regulation
of Third Party Funding at the Alumni Conference of the Queen Mary University of London School of International Arbitration.
Investment Arbitration and apportioning of costs and the
effect of Third Party Funders on Costs are two of the topics addressed at an upcoming event in Frankfurt, co-organized by McDermott Will & Emery, Goethe University Frankfurt am Main and the SCC.
I am going be to honest, unless there is a massive change in the state's priorities, or a massive
mobilization of third party funding and skilled advisory groups coming along side and getting in schools, I don't see the food changing at the district or campus level.
Martin Trillsch has since 2009 been part of the legal council at the University Clinical Centre Heidelberg, and
Head of Third Party Funds Management since 2012.
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.
Matthew will draw on his experience as a
user of third party funding while a senior in - house counsel, as well as his time as a Director of Litigation Funding at a leading third party funder.
We were able to secure a variety of
offers of third party funding and litigation insurance, including insurance for our client's own lawyers» fees.
We successfully secured terms from a
pool of third party funders to finance the lawyers» fees and expenses, including asset tracing reports.
This venture is a testament to Therium's continued
innovation of the third party funding industry, driven by growing demand for funding of financial services cases, as highlighted by the firm's recent research, and the increasing complexity of financial products and transactions across the global financial markets.
Nearly a quarter of litigators (23 %) said this was the most important
function of third party funders, and interestingly, ability to pay was closely ranked with the risk transfer that funding brings.
As we have witnessed with the
liberalisation of the third party funding environment in Singapore and Hong Kong, forward - looking jurisdictions have concluded that funding plays an important role in the disputes process and they will be at a competitive disadvantage if they preclude funding»
Not so according to Jamie Curle: «Essar confirms the growing
relevance of third party funding to claimants in arbitration and its inexorable march into the mainstream.
The ability to meet costs (23 % of total ranked responses), risk management (21 %) and cash flow (18 %) were highlighted as the most important
benefits of third party funding for clients.
Funded parties are obliged to disclose to the other party / ies and to the tribunal or to the court the making and
ending of a third party funding agreement and the identity of the funder.
The Act abolished the common law torts of maintenance and champerty but maintained the rule that contracts for the
provision of third party funding are against public policy, save for those with qualifying third party funders in enumerated categories of dispute resolution proceedings.
In 2006, the High Court of Australia confirmed the
legitimacy of third parties funding litigation, or agreeing to indemnify litigants for costs, in exchange for a percentage of any recovery.
Without clear judicial or legislative guidance on the
scope of third party funding in the BVI, therefore, the principles developed in England and Wales which determine lawful third party funding from the torts of champerty and maintenance, are likely to be persuasive.
Examples can be found in cases where liquidators pursued claims for creditors with the
help of a third party funder which they otherwise would not have been able to bring.
The Association for International Arbitration has published the January 2013 edition of their monthly newsletter «In Touch» which includes a book review by Yaroslava
Sorokhtey of Third Party Funding in International Arbitration which contains a chapter by Mick Smith entitled «Mechanics of Third - Party Funding Agreements: a Funder's Perspective» - see page 4.
Just days after a federal judge in a multi-district litigation proceeding ordered a review by the court of any litigation funding agreements connected to the claim, three United States Senators have submitted a bill that seeks to mandate
disclosure of third party funders and agreements in all commercial class actions and MDL claims....
TheJudge has added another funder to its growing
panel of third party funders who are specifically targeting commercial disputes that require between... Continued
Previously it had been unclear how far the courts
approved of third party funding, but since Jackson was looking for ways to increase access to justice it is clear he had to give it the green light.
Use of third party funding for international arbitration is growing, especially in Hong Kong and Singapore where prohibitions against its use have been either relaxed or eliminated.
Here we provide an update on a significant law passed by the Singapore parliament this week, which will dramatically alter and improve the legal / arbitration landscape in Singapore in
respect of third party funding.
Calunius chairman Leslie Perrin will be speaking at the ADR in Asia Conference on 27 October on The Use
of Third Party Funding in Arbitration: Is this a Developing Trend in Asia?
Claimants, who may have available various centre options, may want to address potential funding issues in advance of embarking down a certain arbitration path, as it could well be that the choice of centre will have an impact not only on the pricing
of any third party funding, but potentially even the availability of third party funding at all.
Among the debated issues were liability
of third party funders and adverse costs awards, the effect of third party funders on orders for security for costs and best practices for arbitrators and third party funders.