Update on Arbitration – focus on Funding Issues and Apparent Bias

Introduction
This seminar will focus on the different but not unrelated challenges to P&I Clubs, litigators and arbitrators from the increasing spread, particularly from the field of international commercial arbitration, of third party funding and of allegations against arbitrators of apparent bias.
Issues for discussion:
Apparent bias
• The International Arbitration approach – IBA Guidelines and UNCITRAL model law
• Recent Court decisions
• How can and should London maritime arbitration respond?

Third party funding
• External arbitration funding options: the market in 2017
• The application of ATE Insurance and Security for Costs Bonds
• What is third party funding (‘TPF’)?
• Control: champerty v fdd club rules
• Conflicts: IBA Guidelines exceptions and revisions affecting insurers and maritime arbitrators
• Regulation of TPF: legislation in Hong Kong and Singapore and ‘soft law’ from the institutions