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Investment Treaty Arbitration

Funding at the Dawn of Civilisation

It is considered that the third-party funding (TPF) first developed in Australia, initially to aide insolvency proceedings and subsequently for class actions before it was adopted by the international arbitration community. That said, one doesn’t have the exact documentary evidence whether third party funders were operating in ancient civilizations and in particular, Ancient Greece. One …

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Investment Treaty Arbitration

Singapore Broadens the Scope of Permissible Third-Party Funding

As of 28 June 2021, the scope of permissible third-party funding (“TPF”) in Singapore extends to cover domestic arbitration proceedings, certain prescribed proceedings in the Singapore International Commercial Court and related mediation proceedings. This subsidiary legislation amendment is clearly set out in Civil Law (Third-Party Funding) (Amendment) Regulations 2021, and is freely available on Singapore …

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Confidentiality. Does your funder outsource their due diligence?

Confidentiality is a no brainer for attorneys, as attorney client privilege is a cornerstone of most legal systems. Although no such regulation applies to funders yet as they go about their activities, most professional litigation finance professionals provide assurances to the applicant through a standard form mutual non-disclosure agreement. However, whether a funder is conducting …

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Iain McKenny speaks at GAR’s session on: “Everybody wants to rule the world – Belt and Road and implications for construction arbitration” on Thursday 23rd September during Paris Arbitration Week

In this session the speakers discuss what the Belt and Road projects means for the future of construction arbitration. Paris has been the traditional home of construction arbitration ever since FIDIC chose ICC arbitration as its default arbitration provision. But with Chinese money funding and Chinese contractors building infrastructure on every continent, will the rise …

Iain McKenny speaks at GAR’s session on: “Everybody wants to rule the world – Belt and Road and implications for construction arbitration” on Thursday 23rd September during Paris Arbitration Week Read More »

Investment Treaty Arbitration

Is a rendered judgment a sure value against the judgment debtors?

What can be expected when a judgment creditor wants to renew an old judgment to avoid the limitation period? In most jurisdictions, if the application is filed on time, the initial judgment would of course normally be renewed for the benefit of the same judgment creditor and against the same debtor and possibly with a …

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Professional Litigation Financers bring more than money

The primary expectation that a funding applicant has from a funder is that it provides sufficient financial needs to pursue its case. However, this is only part of the value add.  In addition to financial resources, professional litigation financers also: 1) have a deeper understanding of the asset class than traditional non-recourse financers or banks …

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Evolution of the Third Party Funder chapter in The Investment Treaty Arbitration Review, edition 6

The Law Review has published its sixth edition of  the Investment Treaty Arbitration Review. Iain Mckenny, Co Founder and head of Legal at Profile Investment, contributed  the Chapter 11, on the Evolution of the Third Party Funder. The evolution of the third party funder is an analytical piece of salient and recent cases involving third …

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Profile Investment recognised among the leading funders globally for International Arbitration by Chambers & Partners

Chambers and Partners is a world renown organisation for independently ranking law firms and legal services such as litigation financing. We were honoured to be recognised as one of the 6 leading litigation funders globally for international arbitration. Profile investment is further pleased to announce that we have been ranked in Band 2 for Europewide …

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