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ARTICLE · 19 SEPTEMBER 2019

Developments In Third Party Funding In Arbitration

Norton Rose Fulbright Canada LLP
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This article examines recent Asian developments in legalization of third party funding and contrasts these with the approach in England and Wales where the market is more established.

GlobalLitigation, Mediation & Arbitration
Sherina Petit
Sherina Petit
Ewelina Kajkowska
Ewelina Kajkowska
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Introduction

This article examines recent Asian developments in legalization of third party funding and contrasts these with the approach in England and Wales where the market is more established. It also looks at the emergence of portfolio funding and how that may impact on disclosure of conflicts of interest in London seated arbitrations.

Recent Asian developments in legalization of third party funding

In England and Wales, the passing of the Criminal Law Act 1967 formally eliminated the archaic legal bars of maintenance and champerty to third party funding in England, which paved the way for the development of the funding industry in the London arbitration market. Since this time, the approach to third party funding in arbitration has been a combination of an ad hoc, market- and case law-driven one. Nowadays the industry is predominantly self-regulating, with some funders volunteering to be members of the Association of Litigation Funders which sets out

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