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 […]
Aceris Law Wins Third-Party Funded Arbitration
Aceris Law is pleased to announce that it has won another arbitration, this time funded by a third-party funder, with its client receiving payment of all amounts awarded, minus the portion to be paid to the third-party funder. Aceris Law assisted its client to secure third-party funding at no cost, prosecuted the arbitration successfully, and then […]
Disclosure of Third-Party Funding Agreements in International Arbitration
One heated debate concerning third-party funding in international arbitration is the disclosure of third-party funding, as third-party funders may be acting behind the scenes to finance an arbitration. Whether disclosure extends only to the funder’s identity or also to the integrality of the funding agreement, the question of disclosure is relevant to achieve a balance […]