Are Asian Arbitral Centres Going To Surpass The Old Continent?

By Yasmin Mohammad Senior Counsel, Vannin Capital And Tom Mcdonald Counsel, Vannin Capital

We have observed much movement and fast paced progress from the Asian dispute resolution centres in the past few months. In this article, we look at two of the main jurisdictions where the availability of third party funding is evolving.

SINGAPORE HAS PLACED ITSELF No1

Historically, save for some limited exceptions (e.g., in the context of insolvency), third party funding (TPF) of disputes has been restricted under Singaporean law. These restrictions arise largely from the common law torts of maintenance and champerty, which have their origins in medieval England. Until just a couple of days ago, were a party to enter into a third party funding arrangement in Singapore: