Arbitration has long been a preferred mechanism for resolving international commercial disputes. However, its cost often presents a barrier to access to justice. In response, crowdfunding has emerged as a potential solution, allowing claimants to raise funds through online platforms. This note explores the use of crowdfunding in arbitration, its ethical and practical challenges, and […]
The Drawbacks of Third-Party Funding for Arbitration
Third-party funding has obtained a significant role in international arbitration by providing financial support to parties who may not have the means to pursue or defend a claim otherwise.[1] It can be a godsend to claimants who might otherwise be unable to enforce their rights. While the advantages of third-party funding are frequently emphasized, it […]
UK Litigation Funding Agreements for International Arbitration Now Void?
Previously considered contrary to public policy[1], third-party funding today substantially facilitates access to justice. Many parties do not have the resources to pay for litigation or international arbitration, yet third-party funding has allowed numerous meritorious claims to succeed. Third-party funding is also often used in group litigation, where the pursuit of claims can be challenging […]
Third-Party Funding for International Arbitration
As a renowned law firm specialising in international arbitration, Aceris Law can help its clients secure funding for meritorious claims that are capable of resolution via international arbitration. Aceris Law has successfully secured funding in the past for both international commercial arbitrations and investor-State arbitrations. While Aceris Law can fund small cases itself, this note […]
English Court Upholds Arbitration Award of Third-Party Funding Costs
In a decision dated 7 December 2021 in Tenke Fungurume Mining S.A. v Katanga Contracting Services S.A.S. [2021] EWHC 3301 (Comm) (“Tenke v. Katanga”), concerning a challenge under Section 68 of the 1996 Arbitration Act (the “Arbitration Act”) for serious irregularity, the English High Court upheld a 2021 London-seated, ICC arbitration Final Award, in which Tenke […]