BCDR International Arbitration Review
December 2018 – Volume 5 Issue 2
Page 329

The French Approach to Third-Party Funding: A Balance between Liberalism and Cautiousness
Jalal El Ahdab


There are no provisions specifically governing third-party funding in French law. Unlike some common law systems, which are more restrictive in this respect, French law does not prevent the use of third-party funding in international arbitration. As amply attested in case law and legal commentary, France generally adopts a liberal approach to international arbitration. There are nonetheless areas where caution is called for. A case in point is the ethical duties of counsel dealing with funders. The Paris Bar recently took the unprecedented step of issuing a resolution that provides interesting and useful guidelines on this matter.