A New Deal on Legal Costs? CFAs and Third-Party Funding in Asia

Join us as we discuss the recent development of Conditional Fee Arrangements (“CFAs”), other third-party funder existing products, as well as cost recovery for third-party funders how clients can meaningfully defray upfront legal costs and share risk with their lawyers.

Earlier this year, the Singapore government enacted legislation to allow Conditional Fee Arrangements (“CFAs”), which will likely apply to international arbitrations seated in Singapore and elsewhere, and other selected dispute resolution proceedings. This provides a way for parties to reduce or reallocate (some of) the upfront cost of their dispute.

It is therefore timely that this development be examined closely. What are the prevalent options used internationally? Are they all variations of “No win, No fee/Less fee” arrangements? The panellists, all of whom are well known in this space, will provide a practical perspective on how clients can meaningfully defray upfront legal costs and share risk with their lawyers. The principles and limitations of the present regime will be illustrated through the lens of case studies. The speakers will also examine how the framework in Singapore compares to other jurisdictions such as Hong Kong, Australia and England, and discuss the value that this framework can bring from a business perspective.

This development will be examined alongside other existing products offered by third-party funders (for example, funding and “After The Event” insurance) as well as cost recovery for third-party funders. The panellists will also share their practical tips on managing costs for CFAs and third-party funding more generally. 

Please note participants can choose to attend the event in-person* at Maxwell Chambers, or online via Zoom.

*There may be limited capacity for the in-person event. With the easing of regulations in Singapore, we hope to allow more participants to join us in person. More details to be advised later for the in-person option. 

Who should attend?

This seminar is for CFOs, in-house and private practice lawyers. Apart from an overview on the legal aspects of the above issues, attendees are also set to learn about how the ICC is equipped to facilitate the resolution of these disputes.