INTERNATIONAL ARBITRATION 1/3LY
A FEW THINGS TO AVOID WHEN CONS IDERING FUNDING
In the Professional and Financial Disputes team at Clyde & Co, we sometimes see litigation funding from the opposite end of the telescope in circumstances where the prosecution of a case has gone awry. We have drawn from this insight in preparing this article. For convenience, we refer to litigation within this article but the issues we address are equally applicable to arbitration. The funding market has developed rapidly in recent years, so that there are now lots of different funding packages available for both high and low value claims, and many professional litigation funding companies have been established in jurisdictions throughout the world. Some funders will focus on a niche specialism, for example, insolvency litigation, whilst others will fund a wide range of commercial claims. Many third-party funders are now also (post-Jackson) offering integrated policies which provide both funding for own costs and indemnity against adverse costs (also known as after the event, or ATE, Insurance).
BY RICHARD HARRISON, PARTNER AND NICOLE MCKINNON, A SSOCIATE AT CLYDE & CO LLP
OF T EN, SUCCESS FEES WILL BE S TAGED, WI TH LOWER SUMS DUE , THE E ARL IER THE PROCEEDINGS ARE RESOLVED.
Made with FlippingBook - Online Brochure Maker