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Tag Archives: Third Party Funding for Arbitration

Arbitration and Mediation Legislation (Third Party Funding) (Amendment) Bill 2016

On 30 December 2016 the Hong Kong Government gazetted the Arbitration and Mediation Legislation (Third Party Funding) (Amendment) Bill 2016 (“Bill“)*.  The Bill closely follows the recommendations made by the Law Reform Commission in the Report on Third Party Funding for Arbitration (“Report“) dated 12 October 2016 (see our note here). The Bill clarifies that the centuries-old doctrines of maintenance and champerty, which prohibit third party funding for litigation, do not apply to funding of arbitration and mediation.  It also proposes a new part (Part 10A) to be added to

Consultation Paper on Third Party Funding for Arbitration

The Law Reform Commission of Hong Kong published a consultation paper on Third Party Funding for Arbitration in October 2015 (the “Consultation Paper“), proposing that the Arbitration Ordinance be amended to provide that Third Party Funding for arbitration taking place in Hong Kong is permitted under Hong Kong law, subject to compliance by third party funders with the appropriate ethical and financial standards to be developed. The common law doctrines of maintenance and champerty have been held to continue to apply in Hong Kong and to prohibit third party funding