Striking the right balance: disclosure of third-party funding

Abstract

ABSTRACT Much debate exists in the field of arbitration as to whether general disclosure of third-party funding is needed. In 2017, Singapore and Hong Kong were the first jurisdictions to introduce obligations to disclose the existence and identity of a third-party funder at the outset of arbitration proceedings. In contrast, there is little debate as to whether general disclosure of third-party funding is needed in the litigation context. This article aims to address this gap by highlighting relevant concerns about non-disclosed third-party funding in litigation proceedings in general, and in England and Wales in particular. The article also examines the scope and character of the new disclosure obligations in Singapore and Hong Kong and provides a comparative analysis of differences and cross-cutting issues regarding third-party funding disclosure in litigation and commercial arbitration.