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 […]
The Law Governing the Arbitration Agreement in LCIA Arbitrations: Where You Stand Depends on Where You Sit
The Law Governing the Arbitration Agreement in LCIA Arbitrations: Where You Stand Depends on Where You Sit New 2014 LCIA Rules Introduce Default Rule that the Law Applicable to an Arbitration Agreement is the Law of the Seat By Hussein Haeri The autonomy and separability of an arbitration clause from its underlying contract is a […]
Israeli-Palestinian ICC Arbitration Center Nears Completion
The ICC’s Israeli-Palestinian Jerusalem Arbitration Center is reportedly to begin functioning soon. This neutral arbitration center, a creation of Paris’ neutral ICC International Court of Arbitration, is intended to resolve commercial conflicts concerning the 3-4 billion USD of trade between Palestinians and Israelis. Previously, such commercial conflicts had to be resolved either before the courts […]
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), […]
Can Russian Investors Initiate Arbitration Against Cyprus to Recover their Losses?
Many Russian depositors are facing losses of up to 40 percent in Cyprus, and are currently considering their legal options. Should one of these options be initiating an investment treaty arbitration against Cyprus for expropriation on the basis of the 1997 Russian Federation-Cyprus bilateral investment treaty, which is included here: IAA-Bilateral-Investment-Treaty-Between-Russia-and-Cyprus. Such a claim could most […]