Originally from Handbook on Third-Party Funding in International Arbitration, Second Edition

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PART I.  THE THIRD-PARTY FUNDING LANDSCAPE

1.  The TPF market in the Republic of Serbia

1.1.  Please shortly describe the TPF market in your Jurisdiction.

TPF as a separate institute is not regulated by legislation or arbitration rules of arbitral institutions in Serbia. Most common form of TPF in Serbia is engagement of attorneys based on contingency fee, i.e. success fee arrangements.

1.2.  Is it dominated by local or international Funders? Which Funders are active? Which cases typically get funded?

As there are no rules on TPF as a separate institute and the parties in arbitrations seated in Serbia are not obliged to disclose whether they are funded by third parties, there is limited information on potential Funders in arbitration proceedings in Serbia. In practice, mostly high-value investor-state arbitrations get funded by international Funders and engage attorneys, i.e., law firms as mentioned in the previous paragraph (local or international).

1.3.  What types of funding exist (e.g., ISDS, Commercial Arbitration, portfolio funding, respondent-side funding etc.)?

As there is limited information on TPF in Serbia due to the reasons mentioned under 1.2, as well as since most of arbitral proceedings in Serbia are confidential, there is no available insight on the types of funding of arbitral proceedings in Serbia. The most common type, as mentioned previously, is the funding of investor-state disputes including funding by attorneys, i.e., by law firms on the basis of conditional fee agreements.