Arbitration

The costs and risks associated with international and domestic arbitration including investment treaty arbitration can be significant. Bentham can assist by providing finance for these claims. We will consider enquiries for ad hoc arbitrations, as well as those brought under the major arbitral institutions and conventions such as ICSID, ICC, LCIA, HKIAC and ACICA with a claim value in excess of CAD 10million.

Provided the claim meets Bentham’s investment criteria, there is a wide suite of finance options available. These options can be used separately, or in combination.

  • Bentham can provide funding for all legal and other costs associated with pursuing the arbitration, including disbursements such as tribunal fees and expert reports.
  • As part of the funding arrangements, Bentham may cover any court-ordered costs and security for costs orders.
  • Bentham can provide initial funding for costs associated with assessing the commercial viability and merits of a claim, including expert opinions.

Our team contains experienced practitioners who understand the particular issues raised by arbitration funding, such as tribunal conflicts, the jurisdiction of tribunals to award security for costs, and enforcement under the New York Convention.  Bentham is an active supporter of the arbitral community and of the developing use of third party finance in centres such as Hong Kong and Singapore, as well as traditional seats such as London, Paris, Geneva, Stockholm and New York.