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24 June 2016 / James Clanchy
Issue: 7704 / Categories: Features , Profession , Arbitration , ADR
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Money makers

Can third party funding in arbitration diminish the menace of the unfunded claimant, asks James Clanchy

When I was registrar of the London Court of International Arbitration (LCIA), one of the challenges I had to deal with from time to time was the behaviour of the frustrated claimant unable to pay for the continuation of an arbitration which it had commenced.

I remember a general counsel who bombarded me with e-mails alleging that I had violated his human rights. He threatened to denounce me to Interpol. This was his reaction to a decision reached by the arbitral tribunal and the LCIA that his company’s claim should be treated as withdrawn for failure to pay a deposit. The decision had been made, in accordance with the LCIA Arbitration Rules, after much deliberation and patience (too much patience in the respondent’s clearly expressed view).

Mutual funding: an old solution to an old problem

Arbitration is an expensive business. It can be difficult for parties involved in international commerce to budget for disputes which might arise during the

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MOVERS & SHAKERS

Penningtons Manches Cooper—Jean-François Le Gal

Penningtons Manches Cooper—Jean-François Le Gal

Penningtons Manches Cooper strengthens international disputes team with appointment of leading arbitration partner

Shakespeare Martineau—Aaron Sanders & Kate Saunders

Shakespeare Martineau—Aaron Sanders & Kate Saunders

Shakespeare Martineau strengthens trust and estates disputes team with new appointments

Bellevue Law—Shannon Moore

Bellevue Law—Shannon Moore

Bellevue Law strengthens employment disputes and international advisory capability with senior associate appointment

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