Third Party Funding in Investment Arbitration

Introduction

In recent years, third party funding has become an increasingly commonplace feature of international arbitration practice in arbitration centres such as London, Paris and New York. Recent developments suggest that Singapore and Hong Kong will soon be adopting a more permissive approach towards third party funding. The presence or involvement of a third party funder raises several interesting legal issues. This lecture touched on a number of such issues that have been the subject of recent commentary, including whether there should be disclosure of the existence and terms of a third party funder (and the scope of such disclosure), whether an order allocating costs between the parties can or should take into account the existence of third party funding, and whether a costs order can or should be made against third party funders.

Presentation

To download Mr Born’s presentation in PDF, click here.

About the Speaker

Gary Born is the chair of the International Arbitration Practice Group at Wilmer Cutler Pickering Hale and Dorr LLP. Mr. Born is widely regarded as the world’s preeminent authority on international commercial arbitration and international litigation. He has been ranked for the past 20 years as one of the world’s leading international arbitration practitioners and the leading arbitration practitioner in London. Mr. Born has participated in more than 600 international arbitrations, including four of the largest ICC arbitrations and several of the most significant ad hoc arbitrations in recent history.

Mr. Born heads the firm’s 70-person international arbitration group, which is based in London and integrated with related practices in our New York, Washington, Berlin and Brussels offices. Mr. Born has represented European, US, Asian and other companies in arbitrations under all leading institutional rules (ICC, LCIA, AAA, Vienna, Stockholm, ICSID) and in ad hoc arbitrations in all leading international seats (London, Paris, Geneva/Zurich, Vienna, Stockholm, New York, Washington, Singapore). Mr. Born also sits as arbitrator (presiding arbitrator, sole arbitrator and co-arbitrator). He has served as arbitrator in more than 175 institutional and ad hoc arbitrations.

CPD Points

1 Public CPD Point
Practice Area: Alternative Dispute Resolution
Training Category: General

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