In June, Hong Kong passed the Arbitration and Mediation Legislation (Third Party Funding) (Amendment) Bill 2016, making it clear that third-party funding of arbitration, mediation and related proceedings is permitted under Hong Kong Law. This brings Hong Kong up to speed with Singapore, which passed similar legislation several months ago, and significantly improves its competitive position as a hub for international arbitration in the Asia.
These exciting developments usher in a new era for the region’s legal industry, providing companies with access to third-party funding (TPF) for some of their disputes. However, given how recent TPF is in the region, potential users remain unclear about the TPF process, as well as issues like choosing the right funder, and preparing for any risks.
The Guide to Third-Party Funding in Asia 2017, published by the Hong Kong Lawyer, featuring contributions from government officials, law firms, funders and related organizations, is a comprehensive handbook for lawyers and their clients, outlining essential features of the TPF process, and making the process crystal-clear for those interested in this disputes financing option.
The
Hong Kong Lawyer is the official publication of the law society of Hong Kong. Published by Thomson Reuters, the monthly journal reaches more than 13,000 members of Hong Kong legal community.
If you are a subject matter expert who wishes to contribute content to the guide by purchasing a chapter, please contact Amantha Chia at amantha.chia@thomsonreuters.com or +65 6870 3917 today.
CHAPTERS
1) Background: A history of TPF globally and what to expect from TPF in Asia
2) TPF in Asia: Comparison between HK and SG legislation and recent developments
3) Why choose TPF? A primer for companies
4) Third Party Funding models: The benefits/challenges of each, and finding the best fit
5) Choosing the right funder: Considerations to keep in mind
6) Breaking down the TPF process: The how, when and who 7) Risks associated with TPF: How to mitigate/overcome them
8) Regulatory and ethical issues: How to deal with them