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Results: 4 Answers
International Arbitration
11.
Funding
11.1
Is third-party funding permitted for arbitrations seated in your jurisdiction?
 
Hong Kong
The AO has recently been amended, such that the common law torts and offences of champerty and maintenance no longer apply to third-party funding of arbitration and mediation.

Under the Arbitration Ordinance, a Code of Practice sets out the standards with which third-party funders are ordinarily expected to comply in connection with arbitration funding. It states:

  • the requirements for funding agreements;
  • the minimum amount of capital that a third-party funder is required to have;
  • the procedure for addressing conflicts of interest; and
  • whether third-party funders will be liable to funded parties for adverse costs.
For more information about this answer please contact: Nick Gall from Gall
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