Funding international arbitration.

International arbitration settles disputes between companies from different countries, or between an investor and a State. The parties entrust their dispute to arbitrators they choose. In France, litigation funding took hold in arbitration before it reached proceedings in the courts. Several features of arbitration explain this link.

Why arbitration suits funding.

High costs.

A party to an arbitration pays its lawyers, experts and translators. It also pays the arbitrators’ fees and the charges of the institution that administers the proceedings. Before a French court, the judges are not paid by the parties.

Large amounts at stake.

The disputes concern international construction contracts, company sales, energy disputes or investments protected by treaties. The claims often reach large amounts.

Awards enforceable abroad.

The New York Convention of 10 June 1958 allows an arbitral award to be recognised and enforced in each of the States party to it. This reduces the risk that the decision cannot be enforced.

How a funding runs.

Funding an arbitration follows the same steps as funding a court case, with a few specific points.

• The funder analyses the legal basis, the amount at stake, the respondent’s solvency, the seat of the arbitration, the applicable law and the arbitration clause.
• It estimates the total cost of the proceedings, their length and the amount an award might grant.
• The party, its lawyer and the funder sign an agreement. It sets what the funder pays and the share of the proceeds it receives if the case succeeds.
• The funder receives progress reports on the proceedings. It does not intervene in the strategy.
• If the award is favourable or the case settles, the sums obtained are shared according to the agreement.

The main institutions.

• The International Chamber of Commerce (ICC) and its International Court of Arbitration.
• The Centre de médiation et d’arbitrage de Paris (CMAP), for domestic and European disputes.
• The London Court of International Arbitration (LCIA), in London.
• The International Centre for Settlement of Investment Disputes (ICSID), part of the World Bank, for disputes between investors and States.

Paris as a seat of arbitration.

The ICC International Court of Arbitration has its seat in Paris. The Paris Court of Appeal hears actions to set aside awards made in Paris.

In France, funding an arbitration rests on contract law. The law of 30 April 2025 also recognised third‑party funding within class actions. We present this framework in our overview of litigation funding.

Hello Justice and arbitration.

Hello Justice reviews disputes with at least €100,000 at stake, including domestic and international arbitrations. The eligibility test and filing your case are free. If you apply for funding, the case analysis costs €1,500 excluding VAT (€1,800 including VAT), whatever the opinion. If the case is accepted, Hello Justice pays the lawyer’s fees set in the agreement. Its commission is 14 to 30% including VAT of the sums recovered, and only if the case succeeds. If it fails, you repay nothing to Hello Justice.

For a company, funding makes it possible to bring an arbitration without paying for it out of its cash. The case filing form lists arbitration among the types of dispute.