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 […]
Publication of the First Article on Security for Costs and Third-Party Funding
William Kirtley and Koralie Wietrzykowski publish an article in the Journal of International Arbitration entitled “Should an Arbitral Tribunal Order Security for Costs When an Impecunious Claimant Is Relying upon Third-Party Funding?” This is the first article to examine in detail the important issue of whether security for costs should be systematically granted when a […]