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This chapter explores investor–state dispute settlement (ISDS) to reveal the origins of that now ubiquitous feature of investment treaty arbitration – the third-party funder. Where does it come from? How did it get here? And how did it spread so quickly? To some, a headache to others, a cure. In examining the past we may even get a glimpse of the future of this unusual and resilient facet of ISDS.
As with all good investigations that seek to identify what was to explain what has come to be, it is proposed that there are categories with specific characteristics of their age that reveal different stages of development. Each of these categories are designated ages specific to the evolution of the third-party funder, summarised in the following table:
|Number of third-party funders
|Available investment (US$)
|Third-party funding terms*
|<30 million†
|Ad hoc
|>100 million
|Commercial arbitration
|>1 billion
|Investment treaty arbitration
|Risk pricing
|2017 onwards
|>10 billion¶
|1–2x +%
|* These are aggregated terms as funders typically use a combination of multiple investments or a percentage of damages return on investment, either in combination or whichever results in a greater return on investment.
** Hillcrest Litigation Services Limited was established in Australia in 1993; IMF Bentham was publicly listed in the Australian stock exchange in 2001, but was established in 1994; Foris AG was established in Germany in 1996; and Litigation Lending Services was established in Australia in 1999. Harbour Litigation alludes to the origins of its business in 2002. It is estimated that there would have been fewer than 10 known litigation funders prior to 2005 operating globally, most of which would have been in Australia and Germany.
*** Of the 40 listed third-party funders on the Third Party Funding Observatory, around 20 appear to have been established between 2005 and 2010. Most growth coming from the United States and the United Kingdom. The list is likely incomplete and it is estimated that there was a three-fold increase in third-party funders between 2005 and 2010 in line with the increase in reported investment capital.
† Between 2000 and 2005, IMF's trading volume increased from A$500,000 to nearly A$4 million (https://markets.ft.com/data/equities/tearsheet/summary?s=IMF:ASX). Extrapolating this type of growth to around 10 third-party funders and discounting for variants in performance, it seems likely that the equivalent of less than US$30 million was being invested in third-party funding per annum globally prior to 2005, and likely significantly less.
‡ An additional 20 third-party funders have been identified by the Third Party Funding Observatory after 2010. The list is likely incomplete but provides strong evidence of the continued surge in third-party funding in the United States, the United Kingdom and Germany.
§ With the opening of markets for third-party funding in the United Arab Emirates, Singapore, Hong Kong and mainland China, there is strong evidence from local and international law firms that the number of third-party funders is on the rise. It is likely that as each jurisdiction continues to define its relationship with third-party funding, there will be an increase not only in the number but the types of third-party funders and associated third-party funding services from insurers and brokers.
¶ Of the estimated US$10 billion invested annually by third-party funders in disputes, US$5 billion appears to be invested in the United States (https://www.ft.com/content/926355de-c941-11e7-ab18-7a9fb7d6163e; https://www.law360.com/in-depth/articles/992299).
i The Pre-Industry age
Third-party funding as a concept has existed for hundreds of years, and likely more. Despite what critics of third-party funding may say, it has its origins in access to justice. Jeremy Bentham wrote exhaustively on the topic of access to justice in the 1700s in the furtherance of ideas such as utilitarianism and distributive justice, and worked tirelessly for the repeal of champerty and maintenance laws in place since medieval times. The cost of access to justice has long been high in most legal jurisdictions, and without third-party funding good claims were often defeated by deep pockets. The fear that vulnerable people could be used as puppets in staged legal battles between wealthy land owners was not sufficient to deny access to justice for the majority of the population. It was inconsistent with what Bentham defined as the 'fundamental axiom' of his philosophy: the principle that 'it is the greatest happiness of the greatest number that is the measure of right and wrong'.
Since then, very slowly, champerty and maintenance laws or their equivalents in most legal jurisdictions have been diluted or repealed in whole or in part. However, this is, in short, the philosophical origins of access to justice and third-party funding, not third-party funders. Third-party funders with a specific mandate to invest in disputes are a relatively recent phenomenon. Research suggests that prior to 2005, there were few types of third-party funders with the dedicated purpose of investing in claims, let alone a third-party funding industry.2 Although third-party funding as an investment opportunity existed, it was relatively low-profile and characterised by an infrequent ad hoc nature. There is debate as to whether it evolved in Australia (long considered the birth place of third-party funding in the common law world) or Germany as an offshoot from a highly developed form of legal insurance. There is little doubt that, during this pre-industry age, types of third-party funders existed in both these jurisdictions. However, the type of third-party funder unconnected with a claimant prior to the beginning of a dispute (i.e., not premium-based legal cost insurance) with the ability to allow for complete, or near complete, cost-risk transfer in exchange for sharing damages to advance a claim, the essence of the modern day third-party funder is likely to have arisen in common law jurisdictions. Why? Cost. The cost of third-party funding in most common law jurisdictions, owing to the nature of their litigation proceedings, is generally higher than civil law jurisdictions. In common law jurisdictions, it was and is for many as the former Irish Judge Sir James Mathew has said, that 'justice is open to all, like the Ritz Hotel.'3
A third-party funder during this pre-industry age, from the early 1990s to the early 2000s, was unlikely to have many disputes specialist lawyers working for it let alone ISDS specialists. They would have likely been characterised by insurance and investment experience; it would have undoubtedly required a high appetite for risk. Financial markets at this time were running hot and cold. Surplus funds designated for high-risk investment turned to third-party funding as an uncorrelated asset class.4 As a consequence, and from mostly anecdotal evidence, commercial terms ran high. Terms as high as 80 per cent of the damages have been seen and were likely common, embedded in questionably enforceable contracts.
In parallel to this development, the notion of beneficial ownership of proceeds and control was being revisited at the ISDS level as exemplified by CSOB Bank v. Slovak Republic, where the tribunal found that:
Absence of beneficial ownership by a claimant in a claim or the transfer of the economic risk in the outcome of a dispute should not and has not been deemed to affect the standing of a claimant in an ICSID proceeding, regardless whether the beneficial owner is a State Party or a private party.5
The issue at stake in this dispute was nationality and control from financing parties. Such cases involving beneficial ownership of the proceeds of a claim and control set the scene for revisiting this issue with third-party funders at a subsequent stage.
ii The Industry Age
In this period, the viability of third-party funding as not just an ad hoc investment opportunity but as an industry started to take shape. The evolution was not, of course, uniform; some jurisdictions advanced faster than others. In Europe, the United Kingdom was where many third-party funders began to most resemble modern day third-party funders. Third-party funding contracts were mostly imported and worked on from non-recourse financing practices, and a small body of law began to develop. However, from the decision in Arkin v. Borchard Lines Ltd (2005), a shift occurred in the United Kingdom. It is a decision that gave rise to what has since been interpreted as the principle that a funder could be held liable in adverse costs for a failed claim up to the amount that it invested into that claim: the 'Arkin cap', which has more recently come under review from the 2017 decision in Bailey v. GlaxoSmithkline UK Ltd. For some, Arkin exposed a potential liability that would deter investors in third-party funding. For others, Arkin provided reassuring clarity. A known unknown became clearer, and from it contractual risk sharing mechanisms could be forged and business models engineered. Arkin provided the bedrock on which a new industry could be founded. It heralded the first paradigm shift of third-party funding from isolated investment opportunity to the creation of third-party funding as a viable business model that would give rise to the burgeoning industry that it is today.
During this time, third-party funding was still mostly concentrated on litigation but, as with all developing industries, satellite opportunities spiralled from it to create third-party funding brokers.6 A satellite industry was formed by those who had worked on raising financing on an ad hoc basis for claims during the pre-industry age – those individuals with ability and foresight but who had neither the means nor arguably the appetite for third-party funding of disputes. Brokers accounted for the majority of third-party funding opportunities for the nascent third-party funder during the industry age. They paved the way through competition and legitimisation for not only a standardisation of terms but the expansion of third-party funding into commercial arbitration. As more funders came on to the market, the need for more investment opportunities expanded. In exchange for a tempering of industry terms to what is still often seen today – the greater of three times the investment or 30 per cent of the damages – brokers sought to increase the number of investment opportunities for these hungry third-party funders. International commercial arbitration was a natural choice. Rooted in practices not too dissimilar to what the third-party funding industry were used to, the leap was not one of faith but of logic.
The nature of international commercial arbitration is more private than either litigation or ISDS. The confidentiality of the proceedings and the privacy of the parties allowed third-party funders to revert to a more creative financial space. How a private party to private proceedings financed its dispute was not the purview of the tribunal in commercial arbitration. This allowed funders to focus more on creative financial solutions than legal issues in respect of access to justice and any form of associated liability for costs. As third-party funders were not considered party to the arbitration agreement, they were not exposed to the same liability as they might be during domestic litigation as with Arkin in the United Kingdom. Third-party funders during this time adopted vocabulary from the banking world and started to identify themselves more with providers of non-recourse financing and, accordingly, started adapting third-party funding models on that basis. This allowed them to focus on wealthier claimants rather than access to justice or impecunious claimants. They sought to infiltrate corporate culture by promoting the advantages of financial risk transfer to commercial entities that did not need investment but that may choose it if the advantages in doing so could be justified not in terms of access to justice but in terms of bottom-line profitability. This period gave rise to financing solutions such as portfolio financing: the notion that a financial facility can be put in place across a claimant's portfolio of disputes or indeed a facility for a law firm to be used across multiple disputes. Third-party funders explained the benefits of their financing to corporate clients as one in which a legal department could be converted from a cost centre into a profit centre, and notions of shifting the costs of a dispute off the balance sheet sought to win over chief financial officers. For many, this was a rebalancing of what third-party funders should be – a financial device, not a legal one. Disputes for funders could be seen as purely about compensation of loss without having to concern themselves with issues such as the dispensation of justice and the role funders play in either supporting, or in some jurisdictions running, claims. It was, like the commercial arbitration agreement, a private matter between commercial entities only.
This view of third-party funding as one chiefly about finance was born in the industry age as it pertains to international commercial arbitration and remains so today. It is perhaps best exemplified in the Essar Oilfield Services limited v. Norscot Rig Management Pvt Limited case (Essar v. Norscot).7 This was an International Chamber of Commerce (ICC) arbitration seated in London where Sir Philip Otto, sitting as sole arbitrator, allowed the victorious party to claim its third-party funding costs (including the funders' uplift) from the losing party. The award was challenged on this basis but upheld by the High Court of Justice by J Waksman QC on the basis that recoverable costs were broadly enough defined under the ICC 2012 Rules and the 1996 Arbitration Act that the arbitrator was permitted to do so. There are multiple procedural issues that relate to Essar v. Norscot, but from the perspective of third-party funder responsibility, the case is significant for two main reasons: (1) it reinforces the view that third-party funding is purely a financial device and, under the right conditions, recoverable on success; and (2) it raises issues of transparency and the effect of the presence of a third-party funder on all the parties to a dispute. The latter is of particular importance as it pertains to the third-party funder of investment treaty disputes, which dramatically increased in the post-industry age.
iii The Post-Industry Age
i Third-party funding and ISDS
The second paradigm shift in third-party funding occurred nearly 10 years after Arkin with the now infamous Excalibur Ventures LLC v. Texas Keystone Inc and Ors, which was revisited more recently by the court of appeal in 2016. In this seminal case, Lord Justice Clarke drew a clear line between professional and ad hoc third-party funders. Weighing the benefits of access to justice against the potential for profiteering, his judgment was reassuring to some and a stern warning to others. In addition to confirming the Arkin cap, Clarke LJ inferred that if a third-party funder undertook proper due diligence to meet the claimant and to undertake the requisite assessment of the merits of a claim, it may be treated differently to those third-party funders that had abdicated responsibility and sought to treat a claim purely as an investment opportunity. The latter could be subject to costs orders on an indemnity basis. It imparted a sense of responsibility on third-party funders to be accountable for their investments. For some, Excalibur would discourage further investment in third-party funding and for others, as with Arkin, it provided additional clarity.
As a result, third-party funders began to distinguish themselves by those that had invested in the requisite skills and abilities to assess the merits of a claim, and those that were derided as being akin to gamblers, or ad hocs in the parlance of the growing third-party funding industry. Excalibur was the catalyst for the second paradigm shift that gave rise to the self-proclaimed professional third-party funder. Distinguishing between ad hoc and professional third-party funders, however, was unclear. At best, it seemed to be a distinction based on how many lawyers the third-party funder recruited. But, the focus on bringing on more disputes lawyers and the professionalisation of the industry brought disputes lawyers with ISDS experience – another disputes market for third-party funders to expand into. During this age, third-party funders began more aggressively focusing on ISDS disputes.
Third-party funding of disputes did not start with ISDS but it has become the fastest growing dispute forum for third-party funders. The reasons for this are both qualitative and quantitative: ISDS is expensive (US$6.1 million per side in claimants' costs)8 and long (an average of 3.86 years to obtain an award, and an additional one to two years for post-award processes and enforcement).9 The ability to transfer the cost risk to a third party by sharing the upside in a potential award is obviously very attractive, but it was not obvious what the commercial terms of the funding agreement should be. ISDS was relatively untested at early stages of this post-industry age. As a result, what was typically seen in the industry was a reversion to pre-industry pricing revamped and referred to as risk pricing: this was merely a means by which a third-party funder could account for uncertainty by increasing profitability.
But the nature of ISDS disputes are qualitatively different to commercial arbitration. Where investors seek recourse for either the partial or wholesale destruction or expropriation without fair, prompt or adequate compensation of their investment, the loss suffered is often near complete. Third-party funding has its origins in access to justice for the impecunious, as explained above. When the wealthy ruling classes had such disproportionate influence that by their dealings they could destroy not just the transaction but the livelihood, the wealthy were practically above the rule of law, not least of which because of the high cost of access to justice. Investors and states have a similar inequality of arms inherent in the system (notwithstanding certain wealthy multinational companies), and as third-party funding was originally sought to balance the playing field in domestic litigation, it has readily been taken up by investor claimants in ISDS for the same reason.
Suddenly, at the ISDS level during this time, there were a plethora of task forces,10 white papers,11 practice directions12 and salient cases13 about or concerning third-party funders. For some, the issues relevant to domestic litigation where the nation state was involved in administering disputes pertaining to transparency and accountability became even more relevant when dealing with the nation state as a party to the dispute. From cases and developments, the dominant issues were those of provisional measures such as security for costs and confidentiality and transparency of the agreement with the third-party funder, as summarised below.
ii Security for costs
The ICSID Convention does not contain an express provision on security for costs and tribunals have tended to be reluctant on granting such orders.14 This restrictive approach has been maintained in various ICSID proceedings where third-party funders were involved. For instance, the arbitral tribunal in Commerce Group Corp and San Sebastian Gold Mines, Inc v. El Salvador15 maintained a restrictive approach to security for costs even when the proceedings were stayed while the applicants sought third-party funding. In the Order of the Committee Discontinuing the Proceeding and Decision on Costs, dated 28 August 2013, the tribunal ordered the claimants to pay the full administrative costs of the proceedings, but maintained its denial of security for costs.
The first known instance where an ISDS tribunal ordered security for costs where third-party funding was involved was the RSM Production Corporation v. Saint Lucia case, 13 August 2014,16 in which the tribunal ordered the claimant to pay security for costs in the amount of US$750,000 in the form of an irrevocable bank guarantee. However, that the claimant had obtained third-party funding was only used as a supportive argument not withstanding the separate 'assent' by Gavin Griffith who saw the ruling as confirmation that there should be automatic or near automatic security for costs where third-party funders are involved in ISDS cases. In contrast, the tribunal's reasoning did not show any such contempt for third-party funders, as the main and decisive reason for ordering security for costs was the claimant's proven history of defaulting on costs orders.
There have been subsequent decisions since RSM that have retained the same position in terms of a third-party funder's involvement and an applicant's request for security for costs.17
These early cases in the post industry age at the ISDS level as they relate to third-party funders suggest that tribunals are thus far inclined to maintain the status quo and to treat the advent of third-party funders in ISDS as nothing that would give rise to deviating from the long held view that security for costs applications should be allowed only in exceptional circumstances. However, there is a growing number of cases that suggest that future tribunals are prepared to investigate third-party funding arrangements more closely.
iii Confidentiality
ICSID tribunals have held that the parties themselves are not under a general duty of confidentiality, absent agreement to the contrary.18 In contrast, certain tribunals have highlighted the importance of limiting public discussion of the case to not disturb the proceedings.19 However, as non-parties to the arbitration agreement, third-party funders are not bound by any confidentiality duties flowing from that agreement. This was notably the case during the EuroGas Inc and Belmont Resources Inc v. The Slovak Republic case in which the respondent's request for a confidentiality order against the claimants' funder was reportedly rejected by an ICSID tribunal.
iv Conflicts of interest
Arbitral tribunals tend to set aside requests for disclosure of third-party funding agreements raised by respondents at the ISDS level. In Guaracachi America, Inc and Rurelec PLC v. The Plurinational State of Bolivia (2013), the tribunal decided not to order the production of the agreement or 'further documentation' because 'the applicable provisions governing conflicts of interest in the present proceedings do not foresee the production of document by the Parties but rather disclosure by the arbitrators upon becoming aware of circumstances that could create a conflict of interest'.20
Concerns for conflicts of interest where third-party funding is involved are usually raised by the non-funded party and often relate to potential funder–arbitrator relationships. This issue is closely related to confidentiality, disclosure and transparency. For instance, in South American Silver Ltd (Bermudas) v. Plurinational State of Bolivia21 with respect to Bolivia's request to order South American Silver to disclose the identity of its third-party funder and to disclose the terms of the funding agreement, the claimant readily conceded on the former and the tribunal rejected the latter.22
During the Muhammet Çap and Sehil Inşaat Endustri ve Ticaret Ltd Sti v. Turkmenistan case,23 on 23 June 2014, the tribunal issued its Procedural Order No. 2 recording its decision on the respondent's request of 11 April 2014 for disclosure of the third-party funding agreement. The tribunal ruled as follows:
It seems to the Tribunal that the following factors may be relevant to justify an order for disclosure, and also depending upon the circumstances of the case:
a To avoid a conflict of interest for the arbitrator as a result of the third-party funder;
b For transparency and to identify the true party to the case;
c For the Tribunal to fairly decide how costs should be allocated at the end of any arbitration;
d If there is an application for security for costs if requested; and
e To ensure that confidential information which may come out during the arbitral proceedings is not disclosed to parties with ulterior motives.
Applying these factors, the tribunal was not persuaded that there was any reason to make an order requiring the claimants to disclose how they were funding the arbitration, but the factors listed do open the door to future rulings where such a disclosure can be made, and specifically the tribunal held that 'this decision does not preclude the respondent from making a further request for disclosure at a later stage in this arbitration if it has additional information to justify the application.'
Taken as a whole, these cases and developments as they pertain to security for costs, confidentiality and conflicts of interest at the ISDS level are strong evidence that the role of third-party funders is unlikely to be relegated to that of mere financial services providers. Questions of transparency and legitimacy will continue to be probed, and, as a consequence, the type of third-party funder, how they conduct themselves, and from where and how they have raised their money are likely to be of greater relevance in the modern age.
iv The Modern Age
We are currently in what appears to be the third paradigm shift of third-party funding – the modern age. There are today two prevailing and competing models of 'professional' third-party funders: risk pricing versus merits-based models. The former dictates that most claims can be funded if the terms are right and adheres to the view that third-party funders are mere providers of bespoke financial products. By this logic, even Excalibur could have been funded providing the commercial terms of the investment were sufficiently high to justify the risk. The reason for this is that the risk pricing model considers awards and judgments only in terms of compensation of loss and thus there is nothing wrong in funding an unmeritorious claim if the potential for a windfall is possible. This is the same mentality that characterises many financial markets where higher risks equate to higher rewards.
In contrast, the merits-based model requires the funder to treat a judgment or award as more than just an investment opportunity and a commodity to be invested in. It dictates that an award is first and foremost a judicial instrument for the dispensation of justice. The compensation of loss is as a result of the dispensation of justice, and thus knowingly funding an unmeritorious case or not accepting responsibility to assess the merits can and arguably should expose the funder to a costs liability.
If the battle between these two competing models continues unchecked, it is likely that the risk pricing model will prevail. The reasons for this are particular to our times as third-party funding presents, for many potential investors in third-party funding, an uncorrelated asset class and thereby an attractive investment during times of financial market instability. As a consequence, a new crop of would-be funders have come to the market having raised funds with promises of windfall returns to their investors. They were able to do so because despite the first two paradigm shifts, the third-party funding industry standard terms have barely changed in nearly 15 years. They continue to equate to three times or 30 per cent, whichever is the greater. This is surprising because the greater of three times or 30 per cent of the total value of the asset in private equity or asset management terms represents a windfall return unheard of in most markets, except in very high-risk categories. However, most self-proclaimed professional third-party funders report win rates that are between 80 and 90 per cent, or more. If terms such as three times the investment or 30 per cent of the value of the dispute have been historically justified to claimants and law firms on the basis that investment in disputes is high-risk, it is a statement at odds with the reported reality by mainstream third-party funders. Consequently, in the absence of defining cases for this third paradigm shift, the risk pricing model is likely to prevail because funders are readily able to raise new, albeit expensive, money on the basis of an industry standard of three times or 30 per cent return on investment, which could arguably allow funders to lose 70–80 per cent of the claims they invest in and still generate profits for their investors.
However, this current paradigm shift, characterised by the battle between the risk pricing and merits-based models of third-party funding, is not devoid of indicators as to how it may develop. Consistent with the previous two paradigm shifts, in 2016 the UK Court of Appeal upheld Clarke LJ's judgment on Excalibur and, therefore, the merits-based model that encourages thorough due diligence prior to funding a claim, and ongoing and effective monitoring during the life of the dispute. Furthermore, in Bailey v. GlaxoSmithKline UK Ltd [2017] Justice Foskett effectively considered the nature of the funder involved and decided that the Arkin cap could be lifted if not doing so would lead to an injustice. These advancements in case law at the domestic litigation level in countries such as the United Kingdom are likely to help shape the development of the role of the third-party funder at the ISDS level because of the one common denominator – the nation state. Where public money is involved, whether by administering a dispute or participating in it, questions will be asked about whether third-party funders are adopting a risk pricing model that may well give rise to more and greater disputes of questionable merit in search of windfall returns regardless of the cost to the public, or whether funders will be compelled to adopt a merits-based model where funders scrutinise more and temper returns on investment.
The differences between funders is greater today than their similarities. Some funders are publicly listed,24 some have front offices regulated by financial authorities25 and at least one has set up regulated asset management funding vehicles for the specific purpose of funding disputes.26 However, the vast majority and some well-known third-party funders appear to opt for a form of self-regulation with no oversight or transparency on conduct, how money is raised or from where.27 Tribunals in ISDS cases are likely to be put under more pressure to probe further not only into who the third-party funder to an ISDS dispute is, but also how much control it is exerting over the dispute. So far, tribunals have mostly been reluctant to inspect the workings of the funding agreement. Instead, they tend to prefer to focus on who the funder is for the purpose of conflicts of interests with the tribunal. However, it is not inconceivable that at some point during the modern age, if third-party funding remains an unregulated activity, tribunals will more frequently seek to inspect funding agreements to determine whether the funder has subrogated any of the rights typically reserved for the claimant. In the absence of an ability to develop an equivalent to the Arkin cap principle, ISDS tribunals may more frequently render orders for provisional measures such as security for costs.28 As a counterbalance, such a development may lend greater weight to arguments that the costs of such security should be recoverable from the respondent if the claim ultimately prevails.
Some jurisdictions have already taken the view that third-party funding needs greater oversight and control. In the United Arab Emirates, the Dubai International Financial Centre has created a practice direction specifically for third-party funding. Regulation is currently being considered in Abu Dhabi. In Singapore and Hong Kong, third-party funding regulations have now been enacted. In Australia, there has more recently been a call for the licensing of third-party funders. These steps all precede what is widely expected to be a change in the ICSID rules in respect of third-party funding. The evolution of the third-party funder from litigation through commercial arbitration to ISDS has brought with it a desire for greater oversight and control of third-party funding. The question is what type of regulation – negative (responding to a problem) or positive (ensuring access to third-party funding) – will prevail? It is submitted that the answer lies in the type of third-party funder and the third-party funding model that prevails between risk pricing or merits-driven models as it pertains to ISDS.
1 Iain C McKenny is a director at and co-founder of Profile Investment.
2 See first table footnote.
4 http://arbitrationblog.kluwerarbitration.com/2017/02/02/third-party-funding-milan-event-offered-view-ahead.
5 Ceskoslovenska obchodni banka, a.s. (CSOB) v. Slovak Republic, ICSID Case No. ARB/97/4, Decision of the Tribunal on Objections to Jurisdiction (24 May 1999).
6 This is not to suggest that third-party funding brokers did not exist prior to this time but merely that by this time there were established third-party funders, and therefore brokers who catered for them.
7 http://arbitrationblog.kluwerarbitration.com/2016/10/15/the-essar-v-norscot-case-a-final-argument-for-the-full-disclosure-wingers-of-tpf-in-international-arbitration/.
8 In 2012, the OECD concluded that legal and arbitration costs for claimants and respondents in recent ISDS cases averaged in excess of US$8 million, having surveyed 143 ISDS awards (available as of August 2011). In 2013, UNCTAD reported that legal fees and tribunal expenses, on average, 'exceeded $8 million per party per case'. In 2014, an Allen & Overy study concluded that average party costs were US$4,437,000 for claimants and US$4,559,000 for respondents based on a review of 176 ISDS awards (available as of December 2012). In 2015, the European Commission suggested in a paper entitled 'ISDS: some facts and figures' that 'the average legal and arbitration costs for a claimant are around $8 million'.
9 Procedural Issues in International Investment Arbitration, J Commission and R Moloo, March 2018, appendix 9.
10 The ICCA-Queen Mary Task Force on Third-Party Funding is a joint task force established by ICCA and Queen Mary, University of London in 2013. https://www.arbitration-icca.org/media/10/40280243154551/icca_reports_4_tpf_final_for_print_5_april.pdf.
11 In Hong Kong, the Commission issued two reports after consultations, in October 2015 and October 2016, which culminated in proposed legislative amendments to Hong Kong's Arbitration Ordinance, as well as proposed amendments to associated regulations. In Singapore, the consultations carried out by the Ministry culminated in two proposed draft instruments: the Civil Law (Amendment) Bill 2016 and the Civil Law (Third Party Funding) Regulations 2016.
12 The author assisted in the drafting of the first practice direction developed by the Dubai International Financial Centre on third-party funding. https://www.difccourts.ae/2017/03/14/practice-direction-no-2-2017-third-party-funding-difc-courts/.
13 There are several examples of investor–state arbitration cases where third-party funders have been involved. Among the more high-profile is the Canadian mining company, Crystallex, which was awarded over US$1.38 billion in a claim against Venezuela in which Crystallex was supported by third-party funders. More recently, Eco Oro, having filed an ICSID arbitration under the Canada–Colombia Free Trade Agreement relating to the Angosutra gold and silver deposit in the country's Andean region, has the backing of third-party funders.
14 See Libananco Holdings Co. Limited v. The Republic of Turkey, Decision on Preliminary Issues, ICSID Case No. ARB-06-08, 23 June 2008.
15 Commerce Group Corp. and San Sebastian Gold Mines, Inc. v. The Republic of El Salvador, ICSID Case No. ARB/09/17 (Annulment Proceeding), Decision on El Salvador's Application for Security for Costs of 20 September 2012.
16 RSM Production Corporation v. Saint Lucia, ICSID Case No. ARB/12/10, Decision on Saint Lucia's Request for Security for Costs, 13 August 2013.
17 Other cases that have cited RSM in matters of security for costs and third-party funding: Sergei Viktorovich Pugachev v. Russian Federation, UNCITRAL, Interim Award, 17 July 2017; Eskosol S.p.A. in liquidazione v. Italian Republic, ICSID Case No. ARB/15/50, Procedural Order No. 3 (Decision on Respondent Request on Provisional Measures), 12 April 2017; Interocean Oil Development Company and Interocean Oil Exploration Company v. Federal Republic of Nigeria, ICSID Case No. ARB/13/20, Procedural Order No. 6 Decision on the Respondent Application for Provisional Measures, 1 February 2017; Dawood Rawat v. Republic of Mauritius, PCA Case No. 2016-20, Order Regarding Request for Interim Measures, 11 January 2017; Lighthouse Corporation Pty Ltd and Lighthouse Corporation Ltd, IBC v. Democratic Republic of Timor-Leste, ICSID Case No. ARB/15/2, Procedural Order No. 2 for Provisional Measures, 13 February 2016; Lao Holdings N.V. v. Lao People's Democratic Republic II, ICSID Case No. ARB(AF)/16/2, Procedural Order No. 6, 26 July 2018.
18 See, for instance, in Amco Asia Crop. & Others v. Republic of Indonesia, ICSID Case No. ARB/81/1, Decision on Request for Provisional Measures of 9 December 1983: 'as to the "spirit of confidentiality" of the arbitral procedure, it is right to say that the Convention and the Rules do not prevent the parties from revealing their case'; and Biwater Gauff (Tanzania) Ltd. v. United Republic of Tanzania, ICSID Case No. ARB/05/22, Procedural Order No. 3 of 29 September 2006 (paras. 114-121).
19 The Loewen Group Inc. and Raymond L. Loewen v. United States of America, ICSID Case No. ARB(AF)/98/3, Decision on hearing of Respondent's objection to competence and jurisdiction of 5 January 2001.
20 Guaracachi America, Inc. and Rurelec PLC v. The Plurinational State of Bolivia, PCA Case No. 2011-17, Procedural Order No. 13 (21 February 2013).
21 South American Silver Ltd (Bermudas) v. Plurinational State of Bolivia, UNCITRAL, PCA Case No 2013-15, Procedural Order No. 10 (11 January 2016).
22 'The Tribunal considers that while the existence of a third-party funder may be an element to be taken into consideration in deciding on a measure as the one requested by Bolivia, this element alone may not lead to the adoption of the measure . . . the disclosure of the name of the funder, the Tribunal considers that, for purposes of transparency, and given the position of the Parties, it must accept Bolivia's request of disclosure of the name of SAS' funder. Finally, concerning the disclosure of the terms of the financing agreement entered into with the third-party funder, the Tribunal will reject such request. In the Tribunal's opinion, there is basis to order the disclosure of the name of the third-party funder, but not to order the disclosure of the agreement entered into with the third-party funder.' (Paras. 75-84).
23 Muhammet Çap and Sehil Inşaat Endustri ve Ticaret Ltd. Sti. v. Turkmenistan (Decision on Respondent's Objection to Jurisdiction under Article VII(2) of the Turkey-Turkmenistan BIT).
24 e.g., IMF Bentham, Burford Capital.
25 e.g., Augusta Ventures, Harbour Litigation Funding and, until the recent decision to cease trading, Calunius.
26 Profile Investment, https://globalarbitrationreview.com/article/1176253/a-new-fully-regulated-third-party-funder-opens-in-paris.
27 The Association of Litigaiton Funders is the most well-known example of a self-regulating body owned and controlled by the members it regulates.
28 In 2017, Burford Capital's role as funder of a pair of treaty claims against Pakistan worth US$640 million ended with the claimants being ordered to pay around £11 million in costs; Vannin Capital's role in financing a US$100 million DR-CAFTA claim against Costa Rica ended in a victory for the state and a US$1 million costs award against the claimant. At the time of writing, in Italba Corporation v Oriental Republic of Uruguay (ICSID Case No. ARB/16/9), the state prevailed leaving a cost awards against the claimant who was funded by IMF Bentham for US$5.9 million.


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It wasn't just that it was a feature race win. Nor was simply because this is his home track. No, what made Friday night's Bathurst Gold Cup win so special for Dennis Barnes was that he wasn't alone this time, he had his family there to share it.
The showpiece of the Bathurst calendar each year is the Gold Cup, and it's a race Barnes - who calls home Cudal, just out past Orange - has tried unsuccessfully in the past to win. But on Friday his smart bitch Nangar Diva finally got her moment in the spotlight, winning a cup, and the $25,000 cheque which went with it.
"Yeah I've had a few in the final of the Bathurst Cup over the years," Barnes explained. "I won the Orange Cup here (at Bathurst) a few years ago with All Too Fancy, but I have had four or five finalists now in Bathurst Cup finals, and they had been duck eggs … until now.
"This is a big thrill. It's my home track, and all the family is here.
"I've been to Brisbane and won a few races and things like that up there, but the feeling is not the same when you are there on your own, as this feeling I have right now with my family all here.
"This is very, very special. To be able to share it with all the family, this is a great moment for me."
Nobody could begrudge Barnes and Nangar Diva winning a feature. She has contested four group finals during her 39 start career.
She finished third to the recently retired Feral Franky – who was trackside for his farewell appearance at Bathurst on Friday – in the Group 3 New Sensation last April at Wentworth Park, was fifth to Feral Franky again in the Group 3 Flying Amy at Albion Park in June, then was third in the Group 1 Brisbane Cup there behind Sennachie in July, and in December was fifth behind Sennachie again at Albion Park in the Group 3 Golden Ticket.
"She was back behind them in those races, but she's been around a little bit and I knew all the fanfare wasn't going to worry her one bit tonight, actually she was probably up there with the most experienced ones," Barnes said.
"She hasn't had a lot of luck in big finals, she's been drawing upside down, in six or seven or eight, and when she drew the two tonight I gave her a big show.
"I thought with Solar Sky drawn in the middle that she might hold them up out wide a little bit."
Most said the race could be decided at the start and while it didn't determine the winner, it played a big part in the ultimate result.
Favourite Good Odds Harada was not fast out and was instantly chopped out between speedy beginners Solar Sky and Shima Breeze.
Shima Breeze wasn't as fast out as she had been in the heats, but she got around the first turn in second place behind Solar Sky. Stalking the pair was Nangar Diva who raced to the front when the leaders ran wide up the back straight.
Hot on her heels however was Slingshot Hammer, who heading to the top turn, looked a special to get the Cup win.
But just as he ran under Nangar Diva, the leader cut back to the fence and checked the Victorian, who in turn caused disruptions among the following field, and Nanagr Diva got a break, which would be a winning one.
The winner clocked a handy 29.72s with Slingshot Hammer coming again for second 5¼ lengths away, and Djay Holden running on for third a further ¾ lengths away in third.
Solar Sky was fourth with her brother Good Odds Harada never in the hunt finishing fifth.
Earlier in the evening, the hit and run visit of Victorian stayer Rajasthan, saw the Bathurst 618m track record tumble.
Trainer Rob Camilleri brought the stayer north with his Cup runners Slingshot Hammer and Shima Breeze, to give the dog a run before the upcoming features in Melbourne.
Jumping straight to the lead, Rajasthan clocked 35.69s clipping 0.01s off the previous mark which was set by Nellie Lost It back in March 2017.
And in what capped a wonderful night for Dennis Barnes, a dog he bred, Nangar Rust who is now trained by Mick Hardman, was an impressive winner of the Ladbrokes GBOTA Maiden final, beating Boree Belle, another who Barnes bred, while the Bill Kennerson Memorial final went to Amanda Ginn's Red Azalea.


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Invoca Integrates Call Data With More Marketing Apps
- Written by Kim Zimmermann
- Published in News Briefs
Invoca, a call intelligence software company, announced data integrations with Microsoft, Adobe, Kenshoo and Optimizely. These new integrations are designed to integrate phone conversations into the multichannel customer journey by connecting phone calldata with customers' digital interactions.
Invoca currently integrates with more than 30 marketing technology providers, including HubSpot, Salesforce and Marketo.
New integrations available to Invoca customers include:
- Microsoft Dynamics. Enhancements to the Microsoft Dynamics CRM integration enable marketers to get closed-loop reporting in Invoca, providing insight into the marketing campaigns driving calls and the outcome of each call.
- Adobe Media Optimizer. By adding keyword-level data for call extensions, Adobe Media Optimizer users can now optimize bids to better understand the outcome of a specific call and the exact keyword that triggered the interaction.
- Kenshoo. With real-time data sharing, Kenshoo users can view the most up-to-date metrics related to the keywords that are driving inbound phone calls. Kenshoo then incorporates this call data into its bid algorithms, enabling users to automatically optimize their search campaigns for more inbound calls.
- Optimizely. Marketers can attribute inbound phone calls to the targeted website tests they are running using Optimizely's Experience Optimization Platform. Having the ability to know which variations are driving offline conversions over the phone enables marketers to further personalize web experiences for these visitors with targeted content, email campaigns, or CTAs based on visitors' interests.
"Many of the technology ecosystems that [multichannel marketers] have worked hard to architect don't account for phone calls, which can amount to millions in lost revenue," said Kyle Christensen, VP of Marketing for Invoca.


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Follow Pretty Gritty Triathlon Coaching on Facebook
Empowering women to make the leap into multisport.
Join us at our Pretty Gritty Tri coaching sessions. We set-up friendly swim, bike and run training sessions to introduce women to triathlon.
Pretty Gritty Triathlon Coaching is a Woman's only Tri group based in Yorkshire, set up by Level Two British Triathlon Coaches, Katie Gill and Emma Stoney. We are passionate about sport and particularly triathlon for the positive impact it has on our bodies and minds. However we know that it doesn't always feel accessible to all women who want to participate and perhaps they even feel a little daunted starting out on their own triathlon journey. We have spoken to women who have looked into joining their mixed local run clubs, cycling clubs and tri clubs but have felt a little intimidated to join them initially.
As a result, our aim is to help women venture into the world of triathlon by delivering relevant sessions across the three disciplines which are welcoming, non judgemental, attainable and most importantly, fun.
Many of our women are complete novices hoping to soon participate in their first triathlon, while others have participated in various events and wish to improve their performances and train as a group. Some of our women just want to keep fit and swim regularly with other women of a similar ability.
Although we are a relatively new venture, we are growing really quickly which seems to represent the huge interest women have in training together and motivating each other. Our method involves setting up a series of sessions which we call 'training blocks'. These are based around a successful triathlon season, concentrating on skills, technique, base and race fitness depending on the time of the year. We provide weekly swims, and on alternate weeks, a bike session or a run session catering for novices through to improvers.
Women empowering other women to do well, is at the heart of our ethos. All you need is a willingness to turn up and train with us, a smile on your face, and together we've got this!
"The coaches at Pretty Gritty are superb. What ever level you're at, they will help you develop your technique and really encourage you to achieve your goals. Anyone thinking of taking the next step towards triathlon training should definitely consider this course."
"Katie and Emma have been working with Queensbury Queens of the Mountain Tri Squad for the past six weeks. They have organised weekly swim coaching and bi-weekly run and bike sessions to help us all from beginner triathletes, to those moving on to longer distances. They are organised and great at communicating, and always manage to put together sessions which challenge us but are not completely out of our abilities. Looking forward to a long and productive relationship going into 2020!"
"I'm currently partaking in the swim training. Both coaches Emma and Katie are very knowledgeable, approachable and encouraging. I have really enjoyed the sessions and would highly recommend others giving it a go. It's a welcoming and friendly environment that makes improving your skills a fun process.!"
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Weekly Monday swim for Pretty Gritty Harrogate Triathletes
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Two boys lifting the cover of a well, Africville, with nearby sign reading, "Please boil this water before drinking and cooking"
Africville residents did not receive the water and sewer services provided to other Halifax residents. For their water supply, they relied upon an assortment of wells.
Date: ca. 1965
Format: Black and white negative, contact print; copy print available.
Photographer: Bob Brooks
Reference no.: Bob Brooks Nova Scotia Archives accession no. 1989-468 vol. 16 / negative sheet 4 image 33


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100 Ways to Increase Your Sales by Kelley Robertson
1. The First Rule of Life: develop & maintain a positive attitude. Your success in
sales and life depends on it.
2. Know your products/services; become an expert on them.
3. Practice your presentation; role-play and video tape yourself if possible.
4. Involve your customers. Engage them in the entire process. Don't force them to
be passive bystanders.
5. Learn your customer's name and use it.
6. Establish your credibility early by asking effective questions and actively listening
to your customer's answers and concerns.
7. Use eye contact to establish rapport.
8. Learn as much about your competition as you can.
9. Anticipate potential problems and prepare possible responses.
10. Check your inventory in advance. Know what you have available to sell.
11. Obtain information about your customers by asking them questions.
12. Teach yourself to relax; breathe deeply, meditate, use positive self-talk with
13. Learn the steps to selling and use them every day.
14. Manage your time properly. Invest your time promoting your business.
15. Rest so you are physically and psychologically alert.
16. Use your own style – don't imitate someone else.
17. Use your own words – don't recite from memory.
18. Put yourself in the customer's shoes. Remember WII-FM – What's In It For Me?
19. Assume the customer is on your side.
20. Tell customers that you want to take time to identify their needs.
21. Identify your fears. Categorize them as controllable or uncontrollable and
confront them.
22. Develop a great smile and use it.
23. Introduce yourself to your customer via a social context or a merchandisefocused
24. Give special emphasis to the first few minutes you spend with each customer.
You won't get a second chance to make another first impression.
25. Visualize yourself as a successful sales person.
26. Manage your image and personal appearance.
27. Decide you will make more presentations than anyone else every day.
28. Know where everything is that you need to do your job. Don't waste your time or
your customer's looking for a piece of information or set of instructions.
29. Relax and enjoy yourself. Have fun with your customers.
30. No one sells every customer. Learn how to turn over a customer you are unable
to close a sale with to another salesperson.
31. Believe in yourself first. If you don't think you can make it, who will?
32. Set & achieve goals. A goal is simply a dream with a deadline and a plan of
33. Learn the fundamentals of sales and use them. Read, attend seminars, listen to
tapes and adapt the recommended techniques to your style.
34. Learn one new technique a week. Put it into practice as soon as you learn it.
35. Use your car as a learning centre. A how-to sales tape does more for your
success than the radio.
36. Visualize the sale taking place before it happens
37. Shake hands firmly. No one wants to shake hands with a dead fish.
38. Be conversational in your presentation. Speak as though you are talking with a
39. Develop great telephone skills.
40. Don't prejudge people; they are often customers in disguise.
41. Understand your customers and meet their needs. Question and listen actively to
uncover their true needs.
42. Sell to assist your customers; don't sell for money.
43. Do a regular self-analysis. Determine what you want to achieve both long term
and short term in your sales career.
44. Believe in the company and your product or service. If you don't, your customer
won't either. If you believe in what you're selling, that confidence will show.
45. Be prepared with questions, answers, statements, openers.
46. Try new approaches. Don't get trapped into doing everything the same way all
the time.
47. Listen carefully to how your customer answers your questions.
48. Adapt your presentation to meet your customer's needs.
49. Learn how to present yourself effectively. Take a course in public speaking or
join a local chapter of Toastmasters International.
50. Show your customers that you differ from your competitors; don't just tell them.
51. Subscribe to trade magazines to learn more about your business.
52. Pay attention to your customers. Make them feel important.
53. Start work half an hour earlier and stay half an hour later.
54. Spend less time socializing and more time working.
55. Invest more time learning about your customer.
56. Learn to ask mostly open-ended questions.
57. Demonstrate to your customer the value of buying from you and your company.
58. Learn to empathize.
59. Clarify your customer's objections.
60. Ask every customer for the sale.
61. Don't allow the first objection to bring the sales process to a halt.
62. Keep your name in your customer's mind. Stay in touch with that customer after
the sale.
63. Ask every customer for a referral.
64. Follow-up every sale with a thank-you call.
65. Send every customer a thank-you card.
66. Learn to accessorize every sale.
67. Be the expert that your customers can trust.
68. Learn to become comfortable with silence.
69. Be quiet after you ask for the sale.
70. Be quiet after you ask your customer a question.
71. Spend less time waiting for customers to come into your store and more time
seeking them out.
72. Invest more time qualifying customers instead of presenting to them.
73. View the sales interaction as a process, not an event.
74. Don't rush!
75. Be proactive in everything you do. Don't wait for a customer to ask for something.
76. Listen more than you talk.
77. Maintain your motivation by listening to or reading inspirational material each
78. Give people a reason to buy from you.
79. Know what products your competitors carry and how they differ from yours.
80. Give the customer who comes into the store at 8:30 p.m. the same attention as
the first customer of the day.
81. Make no assumptions.
82. Think before you speak.
83. Do more than your share of work in the store.
84. Don't take objections personally. Find out the real objection.
85. Vary your greeting. Don't use the standard, "Hi, how are you?"
86. Focus on uncovering your customer's psychological needs.
87. Vary your tone of voice. Avoid slipping into a monotone.
88. Use different closing techniques.
89. Seek a customer's permission before you offer him a solution to an objection.
90. Make sure your solutions are appropriate to each customer. Avoid giving canned
91. Do not complain about things that are beyond your control.
92. Don't get discouraged – every "no" you hear gets you one step closer to "yes."
93. Watch top performing people. Notice what they do differently then adapt their
behaviours to fit your style.
94. Stay in touch with your customers.
95. Evaluate your strengths and areas that need improvement on a daily basis.
96. Be aware of your customer's fears and hesitations.
97. Treat each customer differently.
98. Treat every customer with dignity and respect.
99. Give people a reason to buy from you, today, at your price.
100. Stop talking and start listening.
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Do not worry about anything, but in everything by prayer and supplication with thanksgiving let your requests be made known to God.
Philippians 4.6
Do not worry about anything, but in everything by prayer and supplication with thanksgiving let your requests be made known to God.
Philippians 4.6
To our shipmate Ted Keeper as he crosses the bar, a wonderful gentleman and friend from your Shipmates of the HMS Hermes Association
Please pray for my Great grandson Benny, who at 20 months is undergoing tests to find out why he is not Talking and Walking yet.
Pray for Alice as she battles illness in her young life. May God allow her to survive and be able to go on and fulfil her hopes and dreams.
Dear lord thank you for the time I got to spend with my grandma, please bless her now she is with you. Please place your grace upon my grandfather, my father and my family. Who love and miss her dearly. In the name of Jesus Christ, Amen.
praying for my friends mom for complete healing who has stage 4 cancer. thank you.
thank you Lord for giving me the news I am free of cancer, bless and heal those still afflicted serenity for all and divine guidance, Jim W.
Please pray for me and my friends, as we prepare to take some very intense exams.
Please pray that the Holy Spirit will be with me, Colin, as I attend hospital for procedures and also that God's healing hand will be with Jim and Murray who are battling with cancer.
I pray for Clair, George and Thea Dawson. I ask God that he support them in the hard times ahead after being diagnoised with a brain tumour.
Please pray for Artimizia George who sadly passed away on Friday 28th June 2019. May her soul rest in peace.
Please please pray this awful headache and dizziness goes now in Jesus name Amen. I've had dizziness a year and headaches on and off for a few mths. It's all really getting me down. Pray it won't get realky bad and I don't feel sick with it. I have Endometriosis and Fibromylagia and heavy periods. Thank u. Love Marie
Please pray that my dear friend Ann will be restored to full health after her recent diagnosis. Dear Lord, give her the strength to face the treatment ahead and also give her loving family the strength to support her in this challenge.
Please pray for my mother so that she may receive healing. My mom, Nadia has had a stroke. She can't swallow and is paralyzed down left side, arm & leg. She has lost bowel movement & urinary control. Her speech has been taken away. She is in a care home. Please pray for me, (Jim) as my left eye has a detached retina. God Bless you.
~ Please pray for my mother so that she may receive healing.
My mom, Nadia has had a stroke.
She can't swallow and is paralyzed down left side, arm & leg.
She has lost bowel movement & urinary control.
Her speech has been taken away.
She is in a care home.
Also Please pray for me, (Jim) as my left eye has a detached retina. God Bless you.
Jordan always in my thoughts. Love you forever. Miss you
Mummy xxxx
Pray for the Rev Liz Bickley whose husband died last Friday.
Heavenly Father, please be with my husband, your good and faithful servant, on Wednesday during his surgery for renal carcinoma. Guide the surgeon, contain the cancer, control the pain. Please hasten his recovery and help him feel the prayers being lifted for him. Give him peace. Thank you. In your name we pray, Amen.
Dear God , give baby Darcey the strength to fight for the wonderful life on your earth that awaits her. Please give her parents and her family the support they need to stay strong beside her in this battle.
Dear Lord, we see the relentless destruction of your beautiful creation through our greed, our exploitation, our ignorance, our fear, ultimately our fear.. please give us the courage to overcome our wretchedness. Show us how to trust our vulnerability, accept our limitations, respect the transience of our physical lives, please help us love ourselves again so that we may embrace the wonder of our beautiful planet and all the creatures and plants, and elements that make it so miraculous and unique. Please protect us from ourselves…show us the way home.
Pray for Veronica James who has plaque in her main artery, she also has hiatus hernia which gives her a lot of indigestion please pray that God will touch her with his healing hands and rid her of the plaque in her artery.
Also pray for Tibby her little grey tabby cat who has severe constipation that gets him blocked up he went to the vet today had a enema but they have said he needs to go back if he hasnt passed anything by the morning please pray for this little one for Gods healing.
Thank you so very much
Just to bless my mummy and I miss you ,it was 2years 3 January this year . Always and Forever until we meet again I thank god for having a wonderful mother .
Praying for my mum Barbara as she joins my dad Ted. Safe travels in your onward journey. I love you both so very much. God bless.
I would ask for your prayers in my illness
As I praise you for all you do
Please pray for my very dear sister Susan, who recently died. May she rest in peace.
Rest in peace my dear beloved Uncle Johnny Walker. I will miss you so very much & wish I could be with you to say goodbye. You will be looked after in heaven & will join up with all of our loved & lost. You will remain forever in my heart. Love you always your beloved niece Tracey.xxx
(If possible please can someone light a candle for my uncle Johnny, I'll give a donation when the abbey is open again for the public to come & pray. Thank you.)


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Happy Friday all! I hope everyone had a fruitful and productive first week back to the grind after celebrating the Holidays. I don't know if it was just me, but it can be so difficult to get back into the swing of things after celebrating Holidays when they happen in the middle of the week and your days get thrown off. I also hope that you were able to stay warm amidst the bitter cold that swept across most of the country. If you did not get a chance to read the posts on Blogelina this week, you can do so below:
- Essential WordPress Plugins for SEO
- New Year, New Series – Writing Tips for Bloggers
- 4 Effective Ways to Increase Blog Traffic
Like I said last week, this is a great time to start thinking about your blogging goals for this New Year if you haven't done so already. What is something you're wanting to accomplish with your blog this year and what have you done to start on that?
As always, there was a plethora of great blog posts this week. If you're looking for some weekend reading, then I encourage you to check out some of my favorite blog posts from the week. Have a great weekend everyone!
Blog Post of the Week
How to Know if Your Social Media Activities are Working on Social Media Examiner
I loved this post over at Social Media Examiner! I've spoken about the importance of leveraging social media in the past as it's such a great tool to grow your blog and reach new pairs of eyes. While it can be helpful, if you're not analyzing it you can be flying blind and not realizing the full potential that social media offers. This can be as simple as not sharing posts at the best time for traffic to underutilizing a certain social media platform that could be bringing you even more traffic. Let's face it, growing your blog is largely about traffic and being effective with social media plays a big role in that. If you're looking for some actionable tips, then check out this insightful post.
The Best of the Rest
The Anatomy of an Optimized Blog Subscriber Email on HubSpot
Are you looking for ways to better utilize and format your subscriber email? If so, check out this helpful post to get you started.
Where to Find Freelance Blogging Jobs on The Blog Herald
I've spoken before about freelancing being a great way to make money blogging. If you're looking for resources to use in order to find those opportunities, then this is a post you'll want to read.
5 Surefire Ways to Skyrocket Your Blogging Income on Hobby to Hot
Are you wanting to make even more money from blogging? Then read this helpful post to take your blogging income to the next level.
How to Expand Your Business Into Another City on She Owns It
If you run your own business, you know how important it can be to broaden your reach. Check out this insightful post for a possible idea.
Photo courtesy of: Eunice


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RFID, Marketing, Readiness, Information and Communication Technology
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28.05.2017Posted by ltboteasygt
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This year's Giro Rosa seems to have snuck up on us fast. It felt like no sooner had we recharged our batteries from the OVO Women's Tour that it was time to pack our bags for Italy. The Giro Rosa team presentations were held in the grounds of the Basilica in Aquileia, although by the time the presentations got underway you couldn't see much of the historical buildings as they were shrouded in darkness. Things run on their own time at the Giro Rosa, so when the event is due to start at 21:00 and it's 21:45 and there's no sign of any teams taking to the stage there's no point getting frustrated by it, just go with the flow and the little quirks of the race become part of it's charm.
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MSI B360 Gaming Pro Carbon review
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Community health fair set for Cohen Stadium
More than 100 vendors and participants are expected at a community health and safety fair Saturday at Cohen Stadium, organizers said.
The fair includes free health screenings, food vendors, a car show by Projekt Cars and a backpack giveaway, while supplies last, an El Paso police news release stated.
The event will be 10 a.m. to 2 p.m. at the stadium at 9700 Gateway North Blvd. Admission is free.
The event is hosted by the El Paso Police Department Northeast Regional Command and Northeast city Rep. Carl Robinson.
— Daniel Borunda
Read or Share this story: http://www.elpasotimes.com/story/news/health/2016/08/16/community-health-fair-set-cohen-stadium/88877002/


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To control any possible infestation of pest and diseases and for immediate response against possible forest fire and other illegal activities within established projects. Also to closely monitor the remaining forest cover within PCWFR using Lawin cyber tracker. Pantabangan-Carranglan Watershed Area Team (PCWAT), People's Organizations and Barangay Officials conducted Patrolling within NPC-PCWAT's Established Plantations and Remaining Forest Cover within Pantabangan-Carranglan Watershed Forest Reserve last August 8, 16, 17 and 22, 2017.
From these past conducted patrolling within established plantations and forest areas, there were no indication of illegal activities and forest fires. Also, there were no indication of illegal activities and forest fires. Also, there were no observed infestations of pest in every plantation. Identified trees within the areas during our foot patrolling using LAWIN are Benguet Pine, Palosapis, White and Red Lauan, Guiho, Yakal, Narra, and Balete. These forests are Advance Secondary to Old Growth and Early Secondary to Advance Secondary Forest. There are also patches of Open Areas mostly on the peak of patrolled mountains.


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March Exercise Challenge
Spring is around the corner and it's MARCH! Where ever does the time go? Let's not have it go by with us being less than our most fabulous selves!
To those of you who would like to join in....please feel free. All are welcome and we are here to post our minutes/goals, ambitions and to hold ourselves accountable and to help support and encourage one another.
We all have various goals and different fitness levels, there is no wrong or right here, whether it be 10 min. a day or walk 3x a week, etc. right up to some really heavy lifting and marathon training, we do it all around here. But the most important thing is that we all started somewhere.
Exercise goals will be listed listed here, while weight loss goals, etc. will be listed in our sister thread, "March Weight Loss Challenge".
Thanks, tummygirl!
For March, I'm going for 1550 minutes.
I am in again... I am shooting for 1200 minutes hopefully March will be the first time I meet my goal.
I am sick right now but going to be better quick and step it up!! I have a lot coming up - college graduation in May, family reunion in June, and beach vacation in July so I want to feel good and look good!!
Woo Hoo here is to March ladies!! :carrot::carrot::carrot:
Thanks Tummy! I'm in for 1400 mins! Here we go again :)
Alright, my exercise goal for March is to run 50 miles.....I'm probably going to hate myself for posting this goal, but I really need to step it up!
Well, I'm so glad I finally met a goal last month. This month is time for me to get back to some more variety and work up my miles running.
1. Run 3-4x/wk
2. Swim 1x/wk
3. Strength 1x/wk
These are my minimums to get ready for races and keeping myself strong for the long haul. Whatever else I do is just for fun! :D
hmmm an exercise thread... let's see...
well I've never done an exercise thread....
ok so maybe go for 1,500 minutes of total exercise for the month and somewhere in there needs to be walking approximately 20 miles (on purpose!!). That should do it.
Well, seeing as I've fallen off the wagon with exercise lately (I'm totally blaming it on the loss of running...no routine = no exercise) I'm going to give myself a little boot camp kick here.
Curves Workouts: 13 (That's 3x per week but if I slack off at least this way I can force myself to go every day to make it to the number.)
I'm also restarting the C25K since I've been out of running and I've never been happy with how slow I run. I'll start this March 8 soooo
C25K: Through week 3 and at least 1x in week 4.
Wish me luck, I'm gonna need it.
Modest goal this month:
Work out at least 3X a week
Sad isn't? Of course I'll be shooting for more, but I don't want to get all gung-ho only to fall short again.
Dang...I need some sunshine and warm weather so I can get out and RUN again!!!!
Okay, my first exercise challenge.
I want to start doing yoga this month--the 30DS and Jackie Warner videos are making me feel like I need yoga!
I want to work out 5-6 days per week, so 22-26 days.
Oppsy I forgot to post mine and Jessicado, we missed you!! And Sandye I'm glad to see you back and more challenge ladies too, I'm thrilled!
Well, for me, hmmmm, I'm going to try out running a bit more but it's completely dependent on the weather and my legs since it is not comfortable to run on the treadmill and feels fine on the road. This week should be official marathon training beginning for my June 20 date but once again, I'll take it slow and see how things go. And then I've sort of fallen in love with strength training again and have really been enjoying that more too.
I guess I will commit to exercising 6 days a week and that will give me the freedom to mix and match without feeling irritated if I have to change my running.
Exercise goal for the month:
50 miles (WALK/RUN) on the treadmill! :running: :woops:
My goal is 50 miles in March. Last year I logged miles, and it really kept me motivated. I count my miles as any purposeful walking/jogging, and nordic track. I know results happen quickly when we move!!!! Good luck all!
03/01 - 35 mins elliptical 35 mins yoga
03/02 -
03/03 -
03/04 -
03/05 -
03/06 -
03/07 -
Week 1 - 70 mins
March total - 70/1400
This is my first exercise challenge and boy do I have some big goals. Seeing that the triathlon is now less 3 1/2 months away I need to make some big gains again.
Swimming 35 laps with 1 60 second break. Any strokes.
Running greater than 2 consectutive miles on the treadmill. at 5mph pace
Biking add 2 miles/week right now I am at 5 miles per sitting.
My plan is to workout 6 days per week. That should do it. Need to rest here and there.
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Seller: Stefano Neis, SCVIEW & Sons Antique Images, SOUTH CAROLINA, US Log in to ask the seller a question
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Price: $2.21
Antique (Vintage) Original Postcard, Standard Size (3.5 by 5.5 ), Real Photograph, 1920-1940s. Excellent Condition.
Swanwick is a village in Derbyshire, England, an urban district of Alfreton, part of the Amber Valley district, with a population of 4,198 (1991 census).
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