On 9 November 2023, a panel session featured distinguished experts discussing the nuances of third-party funding in arbitration. The panelists included Mr. Glenn Haley, Partner at Bryan Cave Leighton Paisner LLP in Hong Kong; Mr. Nick Longley, Partner at HFW Australia; and Mr. Roger Milburn, Investment Manager at Litigation Capital Management. The session, chaired by Mr. Sezgin Ozbilgin, Head of Delay Expert Services at CCi and Council Member at SCL(S), provided a comprehensive exploration of critical considerations, including the factors influencing the selection of third-party funders, due diligence, and conflict management.

The panelists delved into the criteria for project selection and offered insights into decision-making processes from the funder’s perspective. Practical aspects, including the recoverability of funding costs and the role of ‘After the Event Insurance’, were addressed, providing a nuanced understanding of financial dynamics. The varying levels of third-party funder involvement in arbitration proceedings were explored, illustrating the impact of these varying degrees of engagement on the dynamics among parties.

The session concluded with a discussion on primary risks and benefits, offering attendees a concise yet thorough perspective on the complexities and opportunities in relation to third-party funding in arbitration.

Click HERE to view more Seminar photos. 

Contributed by:

Sezgin Ozbilgin – Head, Delay Expert Services, CCi