March 17, 2016

International Arbitration 1/3LY - 3rd party funding

I am delighted to present the sixth issue of Clyde & Co’s International Arbitration 1/3LY. This issue focuses on third-party funding (“TPF”). We chose this topic because of the growing interest in funding and because it is rapidly evolving. There is a real need for lawyers to understand and inform their clients on the options available to them. To this end we have included a practical guide which takes an in-depth look into TPF in international arbitration.

Thirdly Edition 6

Financing a complex international dispute can be burdensome on a claimant, regardless of their financial situation. There are a variety of funders with different funding models operating within the current market. We spoke to representatives from Burford, Harbour Hong Kong and Vannin Capital to discover how it works in practice. Nick Rowles-Davies, Managing Director of Burford Capital, provides an insight into portfolio funding in a conversation with me. Elsewhere, we feature an in depth conversation between Keith Hutchison and Rosemary Ioannou, Senior Counsel at Vannin Capital. Rosemary tells us about the growth of TPF and highlights some of the recent trends in the market. Ruth Stackpool-Moore, Director of Litigation Funding/Head of Harbour Hong Kong, discusses the future of funding in Asia with Clyde & Co’s Simon McConnell and Sapna Jhangiani.

In the special guide, we explore the practicalities of securing funding and negotiating terms of agreement, and the highly varied and tailored forms arbitration finance can take.

In a series of articles, we cover the strategic and regulatory issues to be aware of when considering funding. Elsewhere, we assess the viability of funding in Brazil, Hong Kong and China, focussing on current laws and judicial attitudes within each country. There will undoubtedly be developments in this area in the future.

On behalf of Clyde & Co, I would like to thank Nick Rowles-Davies, Ruth Stackpool-Moore and Rosemary Ioannou for contributing their expert opinions and fascinating insights. I also wish to thank my colleagues from the firm’s global arbitration group for their interviews and articles.

If you have any questions regarding the articles in this publication, or would like to give us some feedback, please email dispute.resolution@clydeco.com.

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Ben Knowles, Co-Chair, Global Arbitration Group