header-logo header-logo

Home Login E-newsletter About us
17 March 2017 / James Clanchy
Issue: 7738 / Categories: Features , Profession , Arbitration
printer mail-detail

Rigorous steps short of champerty

© Copyright LexisNexis 2026. All Rights Reserved.

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
NLJ Career Profile: Ken Fowlie, Stowe Family Law

NLJ Career Profile: Ken Fowlie, Stowe Family Law

Ken Fowlie, chairman of Stowe Family Law, reflects on more than 30 years in legal services after ‘falling into law’

Jackson Lees Group—Jannina Barker, Laura Beattie & Catherine McCrindle

Jackson Lees Group—Jannina Barker, Laura Beattie & Catherine McCrindle

Firm promotes senior associate and team leader as wills, trusts and probate team expands

Asserson—Michael Francos-Downs

Asserson—Michael Francos-Downs

Manchester real estate finance practice welcomes legal director

NEWS
Read All
‘Lost years’ precedent overturned
Children can claim for ‘lost years’ damages in personal injury cases, the Supreme Court has held in a landmark judgment
NLJ this week: When ‘milk’ really means milk
The Supreme Court has drawn a firm line under branding creativity in regulated markets. In Dairy UK Ltd v Oatly AB, it ruled that Oatly’s ‘post-milk generation’ trade mark unlawfully deployed a protected dairy designation. In NLJ this week, Asima Rana of DWF explains that the court prioritised ‘regulatory clarity over creative branding choices’, holding that ‘designation’ extends beyond product names to marketing slogans
NLJ this week: Civil practice with claws & caution
From cat fouling to Part 36 brinkmanship, the latest 'Civil way' round-up is a reminder that procedural skirmishes can have sharp teeth. NLJ columnist Stephen Gold ranges across recent decisions with his customary wit
NLJ this week: Stealing virtual gold?
Digital loot may feel like property, but civil law is not always convinced. In NLJ this week, Paul Schwartfeger of 36 Stone and Nadia Latti of CMS examine fraud involving platform-controlled digital assets, from ‘account takeover and asset stripping’ to ‘value laundering’
NLJ this week: Don’t let your LPA gather dust
Lasting powers of attorney (LPAs) are not ‘set and forget’ documents. In this week's NLJ, Ann Stanyer of Wedlake Bell urges practitioners to review LPAs every five years and after major life changes
Copyright © 2026 LexisNexis
back-to-top-scroll