Recently, a client asked whether third-party funding was legal in Asia. Jana Karam helpfully compiled the following information, which shows that third-party funding is permissible in the vast majority of jurisdictions, but not in China or Singapore, where it is clearly not allowed. Below is a review of the current status of third-party funding in […]
Do The IBA Rules on the Taking of Evidence in International Arbitration Conflict with Islamic Sharia?
Do The IBA Rules on the Taking of Evidence in International Arbitration Conflict with Islamic Sharia? Under at least the Hanbali school of Islamic jurisprudence, which is the official fiqh recognized by Saudi Arabia, Article 4(2) of the IBA Rules of Evidence in International Arbitration plainly conflicts with Islamic Sharia as understood by Hanbali jurisprudence. This […]
The Growth of International Arbitration in Asia
Hong Kong and Singapore have long been fierce rivals for the title of Asia’s leading financial centre, and they are now also battling to become Asia’s dominant seat for international commercial arbitrations, the leading form of international dispute resolution. This rivalry is personified by their competing arbitral institutions, the Hong Kong International Arbitration Centre (HKIAC), […]