International Arbitration

The costs and risks associated with international commercial arbitration and investment treaty arbitration can be significant.  IMF 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.  

Provided the claim meets IMF Bentham’s investment criteria (meritorious claim, enforceable against a solvent defendant), there is a wide suite of finance options available. Minimum claim size is assessed on a case by case basis. These options can be used separately, or in combination.

  • Funding for all legal and other costs associated with pursuing the arbitration, capped to an agreed budget.
  • Funding for related disbursements such as tribunal fees and expert reports.
  • Funding for any adverse costs and security for costs orders.
  • Preliminary funding for the costs of investigating potential claims, including counsel’s advice and other expert reports.

Our team contains 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.  IMF Bentham is an active supporter of the arbitral community and of the developing use of third party finance in Hong Kong and Singapore, as well as arbitral seats outside Asia such as London, Paris, Geneva, Stockholm and New York.

Our funding is non-recourse, meaning we are only paid if the case is successful.  On a successful resolution, IMF Bentham is typically entitled to reimbursement of the amounts it has paid plus a fee, calculated as a percentage of the resolution sum or a multiple of the amount invested.  The amount of the fee depends on the case and its duration. The fee is less if the case resolves sooner.

Click here to download the IMF Bentham Asia brochure.

To apply for funding, please contact us