The arbitration finance landscape continues to shift. Research reveals growing awareness and understanding of the tool, along with increasingly positive attitudes towards it. This comes as a result of continued geographic expansion of its use, most recently as Hong Kong launched its Code of Practice for Third Party Funding of Arbitration, which opened it to arbitration finance. It is also growing despite ICSID’s proposed Rule 21: Although this proposed rule could create thorny issues surrounding disclosure of arbitration finance under its facilities, its structuring suggests that any concerns are misplaced.
What is certain, even against a backdrop of change, is the permanence and expected growth of arbitration finance. The tool continues to leave favorable impressions on those who interact with it. And a growing number of users will be exposed to the tool and its applications in the year to come. Moreover, it is all but certain that legal finance will become more popular (and more widely used) in 2019.
