Hong Kong’s Funding Code

Hong Kong’s funding code published

Herbert Smith Freehills summarise the December 2018 publication of the Code of Practice for Third Party Funding of Arbitration, which has removed the final hurdle to third party funding of Hong Kong arbitrations.  The law that allows such funding will come into effect on 1 February 2019, via sections 98K – 98O of the Arbitration Ordinance (Cap. 609), which abolishes the criminal and tortious offences of champerty and maintenance in relation to third party funding of arbitration, as well as arbitration-related court and mediation proceedings. 

This article deals primarily with the funder’s obligations under the Code.

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About Phillip Rompotis

Phillip practices as a barrister and arbitrator in Hong Kong. He has over 25 years’ litigation and arbitration experience in commercial disputes relating to construction & engineering, financial services, joint venture & shareholders agreements, technology, trusts, property and landlord & tenant. He is a Fellow of the Chartered Institute of Arbitrators, the Singapore Institute of Arbitrators, the Malaysian Institute of Arbitrators, and a member of various lists/panels of arbitrators.

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