Yasmin Mohammad | 20 May 2019

Guidelines for Counsel - Third Party Funding in International Arbitration

A party to a dispute or its counsel may resort to third party funding to finance their arbitration claim when liquidity is insufficient to support the arbitration effort, or simply when the client's business plan has identified investment priorities different from pursuing an arbitration.

In these circumstances, the client or counsel interested in initiating an arbitration may resort to third party funding. The following guidelines set out the steps to identify financially profitable and meritorious claims, and advise on the information that the client and counsel should provide to enable Vannin's timely assessment and response on whether the claim could be funded. The guidelines also identify the information that the client and counsel should provide to help broker an agreement between the client, counsel and Vannin, which will fund the arbitration and create the appropriate financing conditions to obtain a favorable and enforceable award.

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