Comparative Guides

Welcome to Mondaq Comparative Guides - your comparative global Q&A guide.

Our Comparative Guides provide an overview of some of the key points of law and practice and allow you to compare regulatory environments and laws across multiple jurisdictions.

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4. Results: Answers
International Arbitration
Is third-party funding permitted for arbitrations seated in your jurisdiction?
Hong Kong

Answer ... 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
International Arbitration