Recent
Recently added:
25 February 2017 - Arbitration in Hong Kong: The Year of the Monkey in Hindsight
Matthew Townsend (Fangda Partners) addresses arbitration in Hong-Kong and the status of Third-Party Funding in the jurisdiction (see MORE)
30 November 2016 -
Third-Party Funding for International Arbitration in Singapore and Hong Kong – A Race to the Top?
Sapna Jhangiani (Clyde & Co. LLP) and Rupert Coldwell (Clyde & Co.) report on the recent legal developments in Singapore and Hong-Kong (see MORE)
1 - ESSAR OILFIELDS SERVICES LIMITED v NORSCOT RIG MANAGEMENT PVT LIMITED [2016] EWHC 2361 (Comm)
In this case, an ICC sole-arbitrator held that a funded claimant is at least in certain circumstances entitled to recover from the defendant the share of the proceeds that it is contractually obliged to pay to the litigation funder. The defendant applied to the English courts to have the decision set aside but failed. [transcript from Calunius newsletter]
Read the decision HERE
2 - Kardassopoulos v Georgia, Fuchs v Georgia (2010)
In two parallel cases (Kardassopoulos v Georgia and Fuchs v Georgia) the losing respondent argued that a winning claimant who is supported by a litigation funder should not be able to recover its costs. The award is in the public domain and the tribunal held that
‘ICSID arbitration tribunals have exercised their discretion to award costs which follow the event in a number of cases, demonstrating that there is no reason in principle why a successful claimant in an investment treaty arbitration should not be paid its costs.’ (Para 689) [transcript from Calunius newsletter] (read more HERE)
MORE CASES
The database of bibliography dedicated to Third-Party Funding
1 - Third-Party Funding in International Arbitration: The ICCA Queen-Mary Task Force, by William W. Park and Catherine A. Rogers
(article HERE)
2 - Third-Party Funding in International Arbitration and its Impact on Procedure, (2016), by Jonas von Goeler
(book HERE)
(MORE)
TPF in treaties --
Institutional rules --
(coming soon)