In this podcast, members of our international dispute resolution and investigations team, Ansh Desai, Soumya Gulati and Shruti Dhonde provide an overview of a concept in third party funding known as the ‘Arkin Cap’.

Put simply, the Arkin Cap limits costs imposed on third party funders if the funded party is unsuccessful, to the funded amount. The members discuss the origin of the Arkin Cap, the rationale behind its imposition and its subsequent dilution. The members also discuss the validity of third-party funding agreements and recent developments in this space.