Third-Party Funding and Arbitration

Overview

  • Third-party funding may provide access to justice for impecunious parties who would otherwise be unable to pursue a claim.

  • A strong claim is required, and extensive due diligence will be carried out by the potential funder.

  • The existence of third-party funding may encourage settlement.

  • The DIFC and ADGM Courts have specific provisions relating to third-party funding.

  • In the DIFC and ADGM Courts, success fees for lawyers may be permitted under certain circumstances, but not in onshore UAE courts.

  • Third-party funding has been used in courts and arbitrations in the UAE, but there have been no reported Cassation decisions clarifying the position.

  • Legal fees are generally not recoverable in onshore courts and in arbitration under Federal Law No. 6/2018 on Arbitration.

Definitions

  • New York Convention: United Nations Convention on Recognition and Enforcement of Foreign Arbitral Awards 1958.

  • DIFC: Dubai International Financial Centre, with its own laws and courts, which operate in English and apply common law procedures.

  • ADGM: Abu Dhabi Global Market, with its own laws and its own courts, which operate in English and apply common law procedures.

  • DIAC: Dubai International Arbitration Centre, which has its own Arbitration Rules.

Practical Guidance