Third-party Funding in International Arbitration and Its Impact on Procedure PDF Download

Author: Jonas von Goeler
Publisher:
ISBN: 9789041150158
Category : Arbitration (International law)
Languages : en
Pages : 0

View

Book Description
Introduction --The Various Forms of Third-Party Funding in International Arbitration --Litigation Funding in International Arbitration --Disclosure of Third-Party Funding in International Arbitration Proceedings --Privilege Protection of Documentary Evidence and Third-Party Funding --Jurisdictional Issues and Third-Party Funding --Impartiality and Independence of Arbitrators and Third-Party Funding --Confidentiality in International Arbitration Proceedings and Third-Party Funding --Security for Costs and Third-Party Funding --Awarding of Costs and Third-Party Funding --Summary of Part I and Part II --Concluding Remarks.

Author: Lisa Bench Nieuwveld
Publisher: Kluwer Law International B.V.
ISBN: 9041161120
Category : Law
Languages : en
Pages : 330

View

Book Description
Since the first edition of this invaluable book in 2012, third-party funding has become more mainstream in international arbitration practice. However, since even the existence of a third-party funding agreement in a dispute is often kept secret, it can be difficult to glean the specifics of successful funding agreements. This welcome book, now updated, expertly reveals the nuances of third-party funding in international arbitration, examines the phenomenon in key jurisdictions, and provides a reliable resource for users and potential users that may wish to tap into and make use of this distinctive funding tool. Focusing on Australia, the United Kingdom, the United States, Germany, the Netherlands, Canada, and South Africa, the authors analyze and assess the legal regime based upon legislation, judicial opinions, ethics opinions, and practitioner anecdotes describing the state of third-party funding in each jurisdiction. In addition to updating summaries of the law of the various jurisdictions, the second edition includes a new chapter addressing third-party funding in investor-state arbitration. Among the issues raised and examined are the following: · payment of adverse costs; · “Before-the-Event” (BTE) and “After-the-Event” (ATE) insurance; · attorney financing: pro bono representation, contingency representation, conditional fee arrangements; · loans; · ethical doctrines affecting the third-party funding industry; · possible future bundling, securitization, and trading of legal claims; · risk that the funder may put its own interests ahead of the client’s interests; and · whether the existence of a funding agreement must or should be disclosed to the decision maker. The second edition also includes discussion of recent institutional developments as they relate to third-party funding, including the work of the ICCA-Queen Mary Task Force on Third-Party Funding and how third-party funding is being incorporated into arbitral rules and investment treaties. Ably providing a thorough understanding of what third-party funding entails and what legal parameters exist, this book will be of compelling interest to parties aiming to take advantage of the high values, speed, reduced evidentiary costs, outcome predictability, industry expertise, and high award enforceability characteristic of the third-party funding arrangements available in international arbitration.

Author: Bernardo María Cremades
Publisher: Kluwer Law International
ISBN: 9789041161000
Category : Actions and defenses
Languages : en
Pages : 0

View

Book Description
This book, expertly revealing the nuances of third-party funding in international arbitration, examines the phenomenon in key jurisdictions around the world and provides a reliable resource for users and potential users that may wish to tap into and make use of this distinctive funding tool. 0The authors analyze and assess the legal regime in a variety of countries based upon legislation, judicial opinions, ethics opinions, and practitioner anecdotes describing the state of third-party funding in that jurisdiction. They describe how courts and legislative bodies around the world have thus far handled the major ethical issues and concerns that affect the practice of third-party funding.

Author: Mohamed F. Sweify
Publisher: Edward Elgar Publishing
ISBN: 1802208836
Category : Law
Languages : en
Pages : 247

View

Book Description
The author of Third Party Funding in International Arbitration challenges the structural inconsistencies of the current practices of arbitration funding by arguing that third party funding should be a forum of justice, rather than a forum of profit. The author introduces a new methodology with an alternative way of structuring third party funding to solve a set of practical problems generated by the risk of claim control by the funder.

Author: ICC Institute of World Business Law. Meeting
Publisher:
ISBN: 9789284202027
Category : Actions and defenses
Languages : en
Pages : 176

View

Book Description
La 4e de couverture indique : ""The last decade has seen an exponential growth in both international commercial arbitration and international investment arbitration. Nevertheless, arbitration proceedings can prove to be very costly, and their funding raises the delicate question of the accessibility of arbitration. The solution offered by third-party funding has undoubtedly become a fact of life in the world of arbitration, despite reservations in some quarters. Although continental countries continue to regard it with suspicion, Anglo-Saxon countries have embraced this solution and have already built up a body of experience in the field. This publication considers the various funding techniques specific to international arbitration before looking at some of the legal issues raised by such funding and the reactions it may arouse among international arbitration practitioners. This publication of the ICC Institute of World Business Law's latest contribution to its Dossiers series on new practices in international arbitration and is inspired by the wish to see those practices develop in a way that is compatible with the basic principles that ensure all parties' rights?"

Author: Can Eken
Publisher: Springer Nature
ISBN: 3031636201
Category :
Languages : en
Pages : 240

View

Book Description

Author: Maxi Scherer
Publisher: Kluwer Law International B.V.
ISBN: 9403528435
Category : Law
Languages : en
Pages : 314

View

Book Description
International Arbitration and the COVID-19 Revolution Edited by Maxi Scherer, Niuscha Bassiri & Mohamed S. Abdel Wahab The impact of the COVID-19 pandemic on all major economic sectors and industries has triggered profound and systemic changes in international arbitration. Moreover, the fact that entire proceedings are now being conducted remotely constitutes so significant a deviation from the norm as to warrant the designation ‘revolution’. This timely book is the first to describe and analyse how the COVID-19 crisis has redefined arbitral practice, with critical appraisal from well-known practitioners of the pandemic’s effects on substantive and procedural aspects from the commencement of proceedings until the enforcement of the award. With practical guidance from a variety of perspectives – legal, practical, and sector-specific – on the conduct of international arbitration during the COVID-19 pandemic and beyond, the chapters present leading practitioners’ insights into the unprecedented and multifaceted issues that arise. They provide expert tips and challenges in such practical matters as the following: preventing and resolving disputes of particular types – construction, energy, aviation, technology, media and telecommunication, finance and insurance; arbitrator appointments; issues of planning, preparation and sample procedural orders; witness preparation and cross-examination; e-signature of arbitral awards; setting aside and enforcement proceedings; and third-party funding. Also included are an empirical survey of users’ views and an overview of how the COVID-19 revolution has affected the arbitration rules of leading arbitral seats. With this timely and practical book, arbitration practitioners and scholars will gain up-to-date knowledge of sector-specific challenges brought about by the COVID-19 pandemic and approach arbitration proceedings with an understanding of the most important legal and practical considerations during the crisis and beyond.

Author: Irene Röthlisberger
Publisher:
ISBN:
Category :
Languages : en
Pages :

View

Book Description
Third-party funding (TPF) is a thriving practice in international arbitration and this development is here to stay. Much is written about TPF and opinions diverge about the practice. This thesis analyses the parties' different incentives to engage in TPF and by doing so, their preferences about its design. Focus of this incentive analysis lies on the funder, funded party, non-funded party, lawyer and arbitrator. Conflicts arise between funder and funded party in regard to control issues, relationship to the funder and information sharing. Other problems arise between the funded party and the parties which are not directly involved in the funding agreement. The thesis evaluates the most pressing issues in this area to be the issues regarding disclosure preferences, cost orders, potential waiver of legal privilege and concerns about arbitrators' and lawyer's conflicts of interest. In a second part, it is analysed what kind of signals are sent in the different dispute stages and how they affect the other parties. The funding industry is mainly unregulated which allows the funder to usually succeed in acting according to his will. However, none of the parties can really be sure how the case will turn out as many uncertainties exist and arbitrators - if they can decide on questions in connection with TPF - do not decide unanimously. Some of the issues are also not unique to TPF but pose challenges to the actors also in other practice areas. The elimination of these conflicts of interest requires deciding which actor's interests should dominate. Until now, regulators have not acted to improve the situation. Many commentators view a disclosure requirement to improve the situation and initial attempts have been made by adapting the IBA Guidelines. Also, setting up some more stringent rules regarding the behaviour of funders might improve the current status.

Author: Gian Marco Solas
Publisher: Cambridge University Press
ISBN: 1108497748
Category : Law
Languages : en
Pages : 365

View

Book Description
Looks at legal, economic and policy issues related to third party funding in common law, civil law jurisdictions and international contexts.

Author: Sherlin Tung
Publisher: Kluwer Law International B.V.
ISBN: 9403506423
Category : Law
Languages : en
Pages : 440

View

Book Description
Finances in International Arbitration Liber Amicorum Patricia Shaughnessy Edited by Sherlin Tung, Fabricio Fortese & Crina Baltag Costs of arbitration has always been a main concern in international arbitration. It is a topic most often discussed and analyzed. In spite of the recent developments in thirdparty funding regulations as well as other mechanisms made available to users of arbitration to reduce costs, the topic remains a key focus for users of arbitration. As the founder of the world’s leading international commercial arbitration Master’s programme, Dr Patricia Shaughnessy is a huge advocate of communicating recent and important developments in international arbitration and has written and spoken extensively on such matters. Over twenty-five renowned practitioners and academics worldwide, who have been influenced by Dr Shaughnessy, explore this much-debated topic on the occasion of her 65th birthday. The contributions in this dedication to Dr Shaughnessy’s legacy look at issues such as the following: costs arising out of Third-Party Funding; costs of court proceedings versus arbitration proceedings; fee arrangements with legal counsel; costs of commercial versus investment arbitration; how to deal with in-house costs in international arbitration; impact of tribunal secretaries in international arbitration; cost sanctions in international arbitration; damages in international arbitration. The analysis and views offered by leading scholars and practitioners on current day issues arising out of costs of arbitration will offer readers a unique perspective on various aspects of the finances involved in arbitration. This book will provide insightful thoughts and practical guidance for academics and practitioners in the field of international arbitration.