Practice Areas

International Arbitration

International Arbitration

IMF EMEA provides funding for both international commercial arbitration and investor state arbitration. We welcome 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.

Key criteria: Typically we offer funding where the claim size is greater than US$10m (commercial arbitration) and US$75m (investment arbitration), and the budgeted costs to bring the claim are less than 10% of the claim size.

There is a wide suite of finance options available that can be used separately, or in combination. IMF EMEA can provide:

  • Funding for all legal and other costs associated with pursuing the arbitration, including disbursements such as tribunal fees and expert reports.
  • Cover for adverse costs and security for costs orders. By providing an undertaking to submit to the Tribunal’s jurisdiction in respect of costs, we save the time and cost of a contested security for costs hearing.
  • Initial funding for costs associated with assessing the commercial viability and merits of a claim, including counsel’s fees and expert reports.
  • Project investigation and project management services at no additional charge.

Our global team of Investment Managers includes highly experienced practitioners who understand the particular issues raised by arbitration finance, such as tribunal conflicts, the jurisdiction of tribunals to award security for costs, and enforcement under the New York Convention.

The IMF Bentham group 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. In February 2018, we were proud to become one of the first funders to support SIAC arbitration proceedings under the new legislative regime in Singapore.