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ARTICLE · 18 NOVEMBER 2021

Funding The Costs Of Litigation – A Comparative Analysis

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Businesses in Hong Kong, Singapore and around the world commonly organise their corporate structure to include entities incorporated in their home jurisdiction...

GlobalLitigation, Mediation & Arbitration

Michael Makridakis, Christian Luthi, Mark Forte and Alex Potts QC of Conyers consider the differing approaches to third-party funding and contingency fee arrangements in Hong Kong, Singapore, the Cayman Islands, British Virgin Islands and Bermuda.

Businesses in Hong Kong, Singapore and around the world commonly organise their corporate structure to include entities incorporated in their home jurisdiction, as well as those in offshore jurisdictions such as the Cayman Islands, the British Virgin Islands and Bermuda.

When disputes arise within a group of companies or with external parties, claimants are often required to make important, preliminary choices. For example, in which jurisdiction should the claim be filed?  Should the claim proceed by way of commercial litigation or arbitration? And vitally, how much will the proceedings cost and what, if any, external funding options are available, over and above the claimant's own resources?

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