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Third-Party Funding

English Court Upholds Arbitration Award of Third-Party Funding Costs

13/02/2022 by Aceris Law LLC

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 […]

Filed Under: ICC Arbitration, London Arbitration, Third-Party Funding

Aceris Law Wins Third-Party Funded Arbitration

08/08/2020 by Aceris Law LLC

Third-party funding 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 […]

Filed Under: About Aceris, Third-Party Funding, William Kirtley

Disclosure of Third-Party Funding Agreements in International Arbitration

08/02/2020 by Aceris Law LLC

Duty to disclose third-party funding

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 […]

Filed Under: International Arbitration, Third-Party Funding

Third-Party Funding Report Presented by Task Force

02/05/2018 by Aceris Law LLC

Third-Party Funding Report

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 […]

Filed Under: Investment Arbitration, Third-Party Funding

Obtaining Third-Party Funding for International Arbitration – How It Works

02/01/2018 by Aceris Law LLC

third-party funders

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 […]

Filed Under: International Arbitration, Investment Arbitration, Third-Party Funding

Disclosure of Third-Party Funding in International Arbitration

29/12/2017 by Aceris Law LLC

Third-Party Funding 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 […]

Filed Under: ICC Arbitration, International Arbitration, Investment Arbitration, Third-Party Funding

Third Party Funding and International Arbitration in Singapore

10/08/2017 by Aceris Law LLC

third party funding 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 […]

Filed Under: International Arbitration, Singapore Arbitration, Third-Party Funding

Successful State Counterclaims in Investor-State Arbitration : The Case of Burlington Resources Inc v. the Republic of Ecuador

21/04/2017 by Aceris Law LLC

Arbitration Institutions in Serbia

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 […]

Filed Under: Arbitration Clause, Ecuador Arbitration, International Arbitration, Third-Party Funding

Duty to Disclose Third Party Funding in International Arbitration

14/01/2017 by Aceris Law LLC

Is there a duty to disclose third party funding in international arbitration? In the resolution of disputes through international arbitration, whether it involves cases of Investment or Commercial Arbitration, parties increasingly resort to so-called “third party funding” (“TPF”). TPF provides prospective parties to a dispute with the ability to request financing from other entities to […]

Filed Under: Commercial Arbitration, ICC Arbitration, International Arbitration, Investment Arbitration, Third-Party Funding

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