Previously considered contrary to public policy[1], third-party funding today substantially facilitates access to justice. Many parties do not have the resources to pay for litigation or international arbitration, yet third-party funding has allowed numerous meritorious claims to succeed. Third-party funding is also often used in group litigation, where the pursuit of claims can be challenging […]
Third-Party Funding
English Court Upholds Arbitration Award of Third-Party Funding Costs
In a decision dated 7 December 2021 in Tenke Fungurume Mining S.A. v Katanga Contracting Services S.A.S. [2021] EWHC 3301 (Comm) (“Tenke v. Katanga”), concerning a challenge under Section 68 of the 1996 Arbitration Act (the “Arbitration Act”) for serious irregularity, the English High Court upheld a 2021 London-seated, ICC arbitration Final Award, in which Tenke […]
Aceris Law Wins Third-Party Funded Arbitration
Aceris Law is pleased to announce that it has won another arbitration, this time funded by a third-party funder, with its client receiving payment of all amounts awarded, minus the portion to be paid to the third-party funder. Aceris Law assisted its client to secure third-party funding at no cost, prosecuted the arbitration successfully, and […]
Disclosure of Third-Party Funding Agreements in International Arbitration
One heated debate concerning third-party funding in international arbitration is the disclosure of third-party funding, as third-party funders may be acting behind the scenes to finance an arbitration. Whether disclosure extends only to the funder’s identity or also to the integrality of the funding agreement, the question of disclosure is relevant to achieve a balance […]
Third-Party Funding Report Presented by Task Force
In Sydney, an ICCA-Queen Mary task force presented a third-party funding report for international arbitration. This 272-page report is rather comprehensive and a useful resource for those interested in third-party funding and the issues it poses in the field of international arbitration. The first two chapters provide a summary of the current state of the market […]
Obtaining Third-Party Funding for International Arbitration – How It Works
Obtaining third-party funding for international arbitration is not an easy process. Aceris Law LLC has already written about the issue here. When searching for third-party funding, prospective litigants often lack information on the requirements and knowledge of what is required to successfully fund an arbitration. By composing the following list, we hope to demystify the […]
Disclosure of Third-Party Funding in International Arbitration
The disclosure of third-party funding is becoming increasingly common in international arbitration proceedings. This is reasonable, as the fact that there is an outside influence on the case affects the decision-making process and impacts issues such as transparency, impartiality, independence and conflicts of interest. For instance, if a third-party funder has a conflict of interest […]
Third Party Funding and International Arbitration in Singapore
On 10 January 2017 the Singapore Parliament passed the Civil law Bill (Bill No. 38/2016) legalizing third party funding in international arbitration and related proceedings in Singapore. The Bill entered into force on 1 March 2017 and is one of the first statutes in the world specifically adopted in relation to third party funding. Third […]
Successful State Counterclaims in Investor-State Arbitration : The Case of Burlington Resources Inc v. the Republic of Ecuador
Successful State counterclaims in investor-State arbitration were found on 7 February 2017. The counterclaims were brought by Ecuador in response to claims by Burlington Resources Inc, a U.S.-based foreign investor. In its counterclaims, Ecuador alleged breach of its national environmental law by Burlington Resources and breach of contractual obligations and sought USD 2.8 billion in […]
