With the growing prominence of third-party funding in arbitration proceedings, industry bodies are keen to establish best practices for those involved in funded matters, and to increase the broader levels of knowledge among all members of the wider arbitration community.
The Chartered Institute of Arbitrators (Ciarb) has today announced the release of its Proposed Guideline on Third-Party Funding, and has opened a call for comment to source feedback from members of the alternative dispute resolution (ADR) community.
Ciarb’s guideline is designed to support those involved in arbitration matters to navigate funding arrangements, and to assist all parties and arbitral tribunals to facilitate effective case management of funded proceedings. The proposed guideline is split into two parts, with the first section dedicated to providing a thorough overview of the funding process, whilst the latter part covers all aspects of arbitration proceedings that involve a funded party.
The call for comment is open to both Ciarb members and non-members, with the deadline to submit feedback set for 17 June 2025. The feedback form can be accessed here.
Drafting of the guideline was undertaken by Mercy McBrayer, Head of Arbitration Professional Practice at Ciarb, and Mohamed Sadiq, PPP Intern at Ciarb, and the drafting group committee was co-chaired by Philippa Charles (Twenty Essex) and Dr Hasan Tahsin Azizagaoglu (Bench Walk Advisors). The drafting group’s members also included: Christopher Bloch (Squire Patton Boggs), Julian Chamberlayne (Stewarts), Ayse Yazir (Bench Walk Advisors), Susan Dunn (Harbour), Napoleão Casado Filho (Clasen | Casado Filho | Longo | Caribé), Camilla Godman (Omni Bridgeway), Dana MacGrath (MacGrath Arbirtration), Viren Mascarenhas (Milbank), Kathryn Sanger (Herbert Smith Freehills), and Sarah Vasani (CMS).
Dr Hasan Tahsin Azizagaoglu described the guideline as “a clear and accessible roadmap for legal practitioners”, and noted that it is “unique in its commitment to full transparency”. Philippa Charles explained that although the drafting group “contains representation from practitioners and funders”, the call for comment aims to “ensure that a multiplicity of viewpoints on these matters is contained in the Guideline to make it as useful as possible.”