We would like to invite feedback and comments from the alternative dispute resolution (ADR) community on the highly-anticipated Proposed Third-Party Funding Guideline. 

The rapid development of third-party funding in arbitration over the past three decades represents an expansion of access to justice (as the costs of litigation and arbitration claims continue to rise), and a challenge for those dealing with funders and funded parties. 

The Proposed Guideline on Third-Party Funding is a comprehensive tool for ADR practitioners that provides much needed transparency over the third-party funding process.  

Its has two main aims. Firstly, to assist participants in arbitrations matters whilst engaging in the funding of a claim. And secondly, to assist both parties and tribunals to achieve effective case management of a funded matter. 

We are seeking feedback from the ADR community – both Ciarb members and non-members on the Proposed Guideline. 

Here is the feedback form.

The deadline to submit feedback is 17 June 2025. 

Download Ciarb’s Third-Party Funding Proposed Guideline here. 

The Guideline was drafted by: 

• Mercy McBrayer FCIArb, Head of Arbitration Professional Practice at Ciarb
• Mohamed Sadiq ACIArb, PPP Intern at Ciarb 

Mercy McBrayer FCIArb, Head of Arbitration Professional Practice at Ciarb said, “It is exciting to see this professional practice guideline come to fruition after more than a year of diligent work on the part of the drafting committee. Ciarb is particularly grateful for their work, which was on an entirely volunteer basis. We also appreciate the contributions made by numerous special contributors, both named and un-named, who have supported the committee in developing what we hope will be a practical tool for stakeholders across arbitration. We believe it is a timely contribution to the evolving landscape of third-party funding in arbitration and will assist when practitioners and arbitrators are met with the issues that can arise. We look forward to receiving input from the Ciarb membership and the wider arbitration industry.” 

The PPG on Third-Party Funding Drafting Group comprised of:

• Philippa Charles FCIArb (Co-Chair) 
• Dr Hasan Tahsin Azizagaoglu (Co-Chair)  
• Christopher Bloch
• Julian Chamberlayne
• Ayse Yazir Chopin
• Susan Dunn
• Napoleão Casado Filho FCIArb
• Camila Godman FCIArb
• Dana MacGrath FCIArb
• Viren Mascarenhas FCIArb 
• Kathryn Sanger
• Sarah Vasani FCIArb 

Dr Hasan Tahsin Azizagaoglu, Co-Chair of the Guideline said, “The Third-Party Funding Guideline offers a clear and accessible roadmap for legal practitioners - regardless of their level of experience - to navigate the complexities of third-party funding. The Guideline is unique in its commitment to full transparency, detailing the relevant questions to ask funders, explaining how they make decisions, and shedding light on how funding arrangements evolve behind the scenes. We welcome and value feedback from all practitioners, recognising that individual experiences and preferences regarding litigation funders can differ widely.” 

Philippa Charles FCIArb, Co-Chair of the Guideline said, “We want the Guideline to provide participants in arbitration cases, whether seeking funding, or dealing with a funded party, with information and insight about the process of funding and how a case involving a funded party may evolve. While the Drafting Group contains representation from practitioners and funders, we are keen to ensure that a multiplicity of viewpoints on these matters is contained in the Guideline to make it as useful as possible.” 

Download Ciarb’s Third-Party Funding Guideline here.