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?