Discussing third-party funding in Hong Kong, United Kingdom and Russia

Edvard Munch

Jurisprudence, 1887

Modern Arbitration: LIVE. Discussing arbitration in a comparative perspective

On October 24, 2017 the Arbitration Center at the Institute of Modern Arbitration and LF Academy held the first seminar within the series of discussion devoted to recent tendencies in arbitration. The seminar took place at Center for International and Comparative Legal Studies.

Chiann Bao (counsel at Skadden and ex-president of HKIAC, Hong Kong), Joe Liu (managing counsel at HKIAC, Hong Kong), Michael Redman (director at Burford Capital, London), Yuriy Babichev (head of dispute resolution practice at Goltsblat BLP, Moscow) and Maxim Karpov (managing partner at NLF Group, Moscow) discussed one the of most debatable tendencies in international arbitration in 2017 – third-party funding (TPF).

Chiann Bao and Joe Liu shared their views on Hong Kong’s regulation of TPF. They explained why Hong Kong adopted a new legislation allowing TPF in arbitration. The speakers also addressed the ethical aspects of TPF and the conflicts of interests that might arise in the context of TPF, especially related to independence and impartiality of arbitrators.

Michael Redman, in his turn, described the work of funders: how they assess the future of a case while deciding upon its financing, how they interact with clients and how they affect the course of arbitration. Michael also analysed the influence of TPF on the market of legal and consulting services.

Yuriy Babichev and Maxim Karpov highlighted the particularities of TPF in Russia from the law firms’ and investors’ perspective. They significantly contributed to the discussion by posing practical questions related to interaction between TP funders and consulting firms in the UK.

The participants and speakers continued their discussion in an informal atmosphere.

The photos are available at https://www.facebook.com/pg/centerarbitr.russia/photos/?tab=album&album_id=387946314952954

The video will be available soon.

Next discussion within the series of “Modern Arbitration: LIVE. Discussing Arbitration in a Comparative Perspective” will be organized in February 2018 – stay turned!