Hostname: page-component-76fb5796d-skm99 Total loading time: 0 Render date: 2024-04-25T11:58:00.086Z Has data issue: false hasContentIssue false

Monetizing Legal Assets: Social and Economic Benefits of Third-Party Dispute Finance in Asia

Published online by Cambridge University Press:  12 November 2021

Cheng-Yee Khong*
Affiliation:
Omni Bridgeway

Abstract

This article explains third-party dispute finance, including practical issues relating to the funding process and how to choose a funder. It examines some of the social benefits of funding and its importance in an economic downturn, and looks at some of the risks of dispute finance. It also considers the regulation of dispute finance in various Asian jurisdictions, as well as recent industry trends, including the use of dispute funding by well-resourced corporates and dispute-finance products for companies. It explains funding for insolvency-related claims and funding for the enforcement of awards and judgments. Finally, it provides two case-studies in which funding provided access to justice and enabled the funded party to recover a non-performing loan in multiple jurisdictions.

Type
Research Article
Copyright
© The Author(s), 2021. Published by Cambridge University Press on behalf of Asian Journal of Law and Society

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

References

Gayner, Oliver, Glasgow, Tom, & Landis, Nathan (2019) “Dispute Funding and the Energy Sector,” in R. King, ed., Arbitration in the International Energy Industry, Surrey: Globe Law and Business, 245–51.Google Scholar
Glasgow, Tom, Kim, David, & Kim, Jin-uk Joseph (2018) “Dispute Resolution Finance in Korea: An Introduction to Basic Concepts of Third Party Litigation and Arbitration Funding, the Development of the Global Industry and its Application to Korea.” 9 Korean Arbitration Review 3946.Google Scholar
Inoue, Aoi (2018) “Third Party Funding in International Arbitration: The Perspective from Japanese Law,” JCAA Newsletter, March.Google Scholar
International Monetary Fund (2021) “World Economic Outlook: Managing Divergent Recoveries,” April.Google Scholar
Sahani, V. Shannon, & Nieuwveld, Lisa B. (2012) Third-Party Funding in International Arbitration, The Hague: Kluwer Law International.Google Scholar
Xiao, Jianguo, & Xin, Tang (2011) “Cost and Fee Allocation in Civil Procedure: China National Report.” 4 Tsinghua China Law Review 4368.Google Scholar