header-logo header-logo

Home Login E-newsletter About us

Rigorous steps short of champerty

© Copyright LexisNexis 2025. All Rights Reserved.
17 March 2017 / James Clanchy
Issue: 7738 / Categories: Features , Profession , Arbitration
printer mail-detail

The Excalibur benchmark & lessons for funders in international arbitration, by James Clanchy

Fears that funders might take control of claims have fuelled calls for regulation of their activities in international arbitration. The International Council for Commercial Arbitration (ICCA) and Queen Mary University of London formed a joint task force in 2013 to study and make recommendations regarding the procedures, ethics, and related policy issues relating to third-party funding (TPF) in international arbitration. The task force is to present its draft report at a conference in Washington DC next month.

However, the English courts have taken a different approach to the control issue in litigation, urging funders to get involved in the cases they support. In its November 2016 decision in Excalibur Ventures LLP v Texas Keystone Inc and others [2016] EWCA Civ 1144, [2016] All ER (D) 127 (Nov) the Court of Appeal confirmed that funders should be penalised for failing to exercise adequate control over proceedings in the Commercial Court.

Sudden death of maintenance & champerty in Singapore & Hong Kong

Meanwhile, two

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Read All
Sponsored by
CBI South-East Council—Mike Wilson

CBI South-East Council—Mike Wilson

Blake Morgan managing partner appointed chair of CBI South-East Council

Birketts—Phillippa O’Neill

Birketts—Phillippa O’Neill

Commercial dispute resolution team welcomes partner in Cambridge

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

NEWS
Read All
NLJ this week: Motor finance faces £11bn reckoning
The proposed £11bn redress scheme following the Supreme Court’s motor finance rulings is analysed in this week’s NLJ by Fred Philpott of Gough Square Chambers
NLJ this week: Gold on Awaab’s Law & digital divorce
In this week's issue, Stephen Gold, NLJ columnist and former district judge, surveys another eclectic fortnight in procedure. With humour and humanity, he reminds readers that beneath the procedural dust, the law still changes lives
NLJ this week: AI in the dock—courts need literacy, not fear
Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
NLJ this week: Landlords lose their upward climb
James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
NLJ this week: Privy Council undresses the ‘shareholder rule’
Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
Copyright © 2025 LexisNexis
back-to-top-scroll