Different funders hold opposing views as to the relative outcome predictability between investment and commercial arbitration. Many funders consider commercial arbitration more predictable than ISDS (ref 1) , but a small minority have expressed the opposite view to the author. Similarly, arbitration lawyers continue to hold different views as to the desirability of funding investment …
Appelé à financer des procédures d’arbitrage commercial, Profile Investment connaît les zones de risque névralgiques à évaluer: cela concerne la certitude de la compétence du tribunal, la solidité des mérites juridiques, l’environnement éthique, la recouvrabilité, mais évidemment aussi le montant économique du préjudice dont il est demandé compensation. En effet le tribunal, le plus souvent …
Les multiples facettes de la valorisation d’un préjudice Read More »
A law amending the Russian Arbitration Procedure Code passed on June 8, 2020 (“APC Amendments”) has granted local commercial courts exclusive jurisdiction over disputes involving Russian individuals and entities subject to international sanctions. The new law applies to two categories of situations. First category: The parties have not agreed on forum and Russia has no …
Exclusive jurisdiction of Russian state courts in disputes involving sanctioned entities Read More »
En el ámbito de la financiación de litigios, la cuestión de la rentabilidad del financiador ha sido durante mucho tiempo difícil de valorar para muchos que buscan soluciones de financiación. ¿Cuál es el rendimiento razonable de la inversión frente a los beneficios de transferir el riesgo de costos de una demanda? Para muchos, la financiación …
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 …
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 …
Singapore Broadens the Scope of Permissible Third-Party Funding Read More »
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 …
Confidentiality. Does your funder outsource their due diligence? Read More »
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 …
Is a rendered judgment a sure value against the judgment debtors? Read More »
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 …
Professional Litigation Financers bring more than money Read More »
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 …
