28 Feb '17, 7pm

Racing To The Start Line: Singapore And Hong Kong Take Steps To Permit Third-Party Funding

Racing To The Start Line: Singapore And Hong Kong Take Steps To Permit Third-Party Funding

While Singapore and Hong Kong rank among the leading five seats for international arbitration globally, and compete for the mantle of Asia’s leading international dispute resolution center, in both jurisdictions third-party funding arrangements are prohibited by the common law torts of “maintenance” (ie , where a non‑interested party provides assistance to a party to proceedings) and “champerty” (ie , the maintenance of an action in return for a share in its proceeds). (There is some uncertainty whether third‑party funding agreements relating to arbitrations taking place in Hong Kong are exempted from the prohibition—but the majority view seems to be that they are not exempt.) As a result, parties arbitrating Singapore and Hong Kong-seated disputes do not have the same financing and risk-allocation options available to them as parties arbitrating disputes in other leading ...

Full article: http://abovethelaw.com/2017/02/racing-to-the-start-line-s...

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