Tag Archives: Third Party Funding in Arbitration

FUNDING IN SINGAPORE AND HONG KONG: HERBERT SMITH FREEHILLS CONTRIBUTES TO LEADING PUBLICATION, ACTS ON FUNDED CASES

Third party funding is a hot topic in Asia. As noted on this blog, Singapore introduced legislation in 2017 to allow third-party funding in international arbitration and associated proceedings, including enforcement and mediation. Hong Kong’s funding legislation takes effect today. … Continue reading

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Filed under Arbitration proceedings, Asia, Hong Kong & China, Publications and Guides, Singapore, Third Party Funding

Hong Kong’s funding code published

As noted in our earlier post, Hong Kong published its long-awaited Code of Practice for Third Party Funding of Arbitration on 7 December 2018. Publication of the Code has removed the final hurdle to third party funding of Hong Kong … Continue reading

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Filed under Arbitration laws, Asia, Hong Kong & China, News, Uncategorized

Hong Kong funding law to take effect 1 February

Hong Kong has published its long-awaited Code of Practice for third party funders, and announced that amendments to the Arbitration Ordinance which permit funding of Hong Kong arbitrations will come fully into force on 1 February 2019. Similar amendments to … Continue reading

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Filed under Arbitration laws, Hong Kong & China, Third Party Funding

ICSID tribunal rules that it is neither necessary nor urgent to grant security for costs from a claimant with the benefit of third-party funding

An ICSID tribunal has rejected a State's application for security for costs in circumstances in which the other party had third-party funding in the form of ATE insurance which specifically provided for cover of the State's costs. Italy's request for … Continue reading

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Filed under Costs, Europe, Investment Arbitration, ISDS, Third Party Funding

Singapore arbitration update: Third Party Funding and New SIAC Rules 2016

This week has seen two major developments in Singapore arbitration. First, Singapore's Ministry of Law has published draft legislation to legalise and regulate third party funding for arbitration (and arbitration-related litigation and mediation) in Singapore. Second, the Singapore International Arbitration … Continue reading

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Filed under Arbitration rules, Asia, Institutions, Procedures in arbitration, South East Asia, Summary procedures, Uncategorized

ICC examines allocation of costs in international commercial arbitration

On 1 December, the Commission on Arbitration and ADR of the International Chamber of Commerce (ICC) issued a report intended to inform users of arbitration of the factors that tribunals consider when allocating costs between parties to arbitration. A 60-strong … Continue reading

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Filed under Awards, Costs, Institutions

Hong Kong Law Reform Commission releases consultation paper on Third Party Funding in arbitration

The Hong Kong Law Reform Commission has today published a Consultation Paper recommending that third party funding should be permitted for arbitrations in Hong Kong. The Paper invites public comment on the recommendation, and how third party funding should be … Continue reading

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Filed under Asia, Hong Kong & China, News