TPF REGIME QUESTIONNAIRE FOR STATE AND COUNTRY REPORTS
ABA SIL Working Group – Third-Party Funding in International Arbitration
Definition of Third-Party Funding (“TPF”) and Funder
For the purpose of the questionnaire please treat TPF as a non-recourse investment commitment by a Funder in exchange for a success fee. The success fee can be paid in any form, e.g. a multiple of the funding, a percentage of the proceeds, a fixed amount or a combination of the above. The Funder is a party different from the party to the dispute, including an after the event (ATE) insurer and a law firm handling the case under a conditional fee agreement (CFA). Note, that this definition goes beyond the definition in the 2014 IBA Guidelines on Conflicts of Interest which covers funders and insurers who have a “direct economic interest in, or a duty to indemnify a party for, the award to be rendered in the arbitration.”
When addressing the legal system of your Jurisdiction please also address practices of Arbitration Institutions seated in your Jurisdiction.
1.1. TPF Regime in Your Jurisdiction
1.1.1. Is TPF commonly used in your Jurisdiction? If yes, since when (is it a new trend or a well-established practice)?
1.1.2. Please shortly describe the TPF market in your jurisdiction.
a) Is it dominated by local or international Funders, which type of Funders are active, which cases get typically funded?