International Arbitration

International Arbitration Information by Aceris Law LLC

  • International Arbitration Resources
  • Search Engine
  • Model Request for Arbitration
  • Model Answer to Request for Arbitration
  • Find International Arbitrators
  • Blog
  • Arbitration Laws
  • Arbitration Lawyers
You are here: Home / Third-Party Funding / Third Party Funding in International Arbitration

Third Party Funding in International Arbitration

05/08/2018 by International Arbitration

What Is Third Party Funding?

Third party funding is a procedure by which a third party to an arbitration provides financial means to a party whom lacks financial resources to initiate it. The funding provided will be used to cover the party’s legal fees and expenses related to an arbitration. In return, the funder receives a percentage of the sum allocated by the award.

Third party funding presents considerable advantages at first glance. First, this is particularly advantageous when a party does not have sufficient financial resources to initiate arbitration. Second, a party who does have sufficient resources may still prefer to use third party funding to avoid the risks of the arbitration it is facing. Third, funders are only interested in arbitration with strong chances of positive outcomes. Therefore, the use of such a process would comfort a party in its chances of success.

Third Party Funding

Who Are the Funders?

The generalization of this practice has put in place a variety of entities that finance arbitrations. However, the market is not limited to these institutions. Indeed, banks, insurance companies, hedge funds and even some law firms contribute financially to parties in need of funds to initiate arbitration proceedings.

How Does It Work?

Financing arbitration proceedings is risky for funders. This is the reason why they typically only agree to fund arbitrations of USD 10 million or more.

Since financers are paid on the sum allocated by the award, they usually only agree to finance arbitrations involving damages as an outcome. Therefore, funding is necessarily only open to a claimant or to a defendant with a counterclaim.

Funding will be allocated only if the chances of success are high. Indeed, the funder will conduct its analysis and estimate whether the chances of success are higher than those of loss.

The funder will also make sure that the defendant is in fact solvent.

Finally, the funder will have to make sure that third party funding is allowed in the country of the seat of arbitration as well as the country of enforcement.

Sanam Pouyan, Aceris Law

Filed Under: International Arbitration Law, Third-Party Funding

Search Arbitration Information

Arbitrations Involving International Organisations

Before Commencing Arbitration: Six Critical Questions to Ask

How to Commence an ICDR Arbitration: From Filing to Tribunal Appointment

Behind the Curtain: A Step-by-Step Guide to ICC Arbitration

Cross-Cultural Differences and Impact on Arbitration Procedure

When Arbitrators Use AI: LaPaglia v. Valve and the Boundaries of Adjudication

Arbitration in Bosnia and Herzegovina

The Importance of Choosing the Right Arbitrator

Arbitration of Share Purchase Agreement Disputes Under English Law

What Are the Recoverable Costs in ICC Arbitration?

Arbitration in the Caribbean

English Arbitration Act 2025: Key Reforms

Translate


Recommended Links

  • International Centre for Dispute Resolution (ICDR)
  • International Centre for the Settlement of Investment Disputes (ICSID)
  • International Chamber of Commerce (ICC)
  • London Court of International Arbitration (LCIA)
  • SCC Arbitration Institute (SCC)
  • Singapore International Arbitration Centre (SIAC)
  • United Nations Commission on International Trade Law (UNCITRAL)
  • Vienna International Arbitration Centre (VIAC)

About Us

The international arbitration information on this website is sponsored by the international arbitration law firm Aceris Law LLC.

© 2012-2025 · IA