Why Arbitration Finance Will Become More Popular in 2019
What is certain, even against a backdrop of change, is the permanence and expected growth of arbitration finance. The tool continues to leave favorable impressions on those who interact with it.
March 08, 2019 at 02:30 PM
7 minute read
The arbitration finance landscape continues to shift. Research reveals growing awareness and understanding of the tool, along with increasingly positive attitudes towards it. This comes as a result of continued geographic expansion of its use, most recently as Hong Kong launched its Code of Practice for Third Party Funding of Arbitration, which opened it to arbitration finance. It is also growing despite ICSID's proposed Rule 21: Although this proposed rule could create thorny issues surrounding disclosure of arbitration finance under its facilities, its structuring suggests that any concerns are misplaced.
What is certain, even against a backdrop of change, is the permanence and expected growth of arbitration finance. The tool continues to leave favorable impressions on those who interact with it. And a growing number of users will be exposed to the tool and its applications in the year to come. Moreover, it is all but certain that legal finance will become more popular (and more widely used) in 2019.
The more users encounter arbitration finance, the more favorably they perceive it. In 2019, arbitration finance will continue to become “a common practice” in investor-state and international commercial arbitrations. The reason is simple: “The more users encounter third-party funding in practice, the more favorably they tend to perceive it.” And in the year ahead, it is unmistakable that more users will be encountering arbitration finance in practice.
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