Third parties should be able to fund arbitrations in Hong Kong, Law Reform Commission says
Advisers push for liberalising rules despite fears about money laundering and ambulance-chasing
Third parties should be allowed to put up funding for arbitration cases in Hong Kong even though such arrangements remain illegal in court cases, government advisers have recommended.
The Law Reform Commission's proposal makes it the first official body to break the taboo on allowing third parties to take an interest in legal proceedings, amid fears of ambulance-chasing, which refers to lawyers soliciting for clients at a disaster site, and vexatious litigation.
The suggestion is seen as a way of promoting arbitration which, together with mediation, has been pushed by the Department of Justice as a way to resolve disputes outside court.
"The reform can bring clear benefits … and enhance Hong Kong's competitive position as an international arbitration centre," the commission's subcommittee on third-party funding for arbitration said as it launched a public consultation on its proposal yesterday.
Australia, England and the United States already permit parties to arbitration to seek financial support from third parties.
"Parties considering whether to resolve their disputes in [Hong Kong] by international arbitration are starting to take into account, among others, the potential financing options available," the subcommittee said. "Clarity and certainty of the relevant law concerning third party funding for arbitration will be desirable."