third party funding in international arbitration

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Third Party Funding In International Arbitration

Author : Lisa Bench Nieuwveld
ISBN : 9041161112
Genre : Law
File Size : 35. 33 MB
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About this book: Third-Party Funding in International Arbitration 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 who may wish to tap into and make use of this distinctive funding tool. Since the first edition of this invaluable book in 2012, third-party funding has become more mainstream in international arbitration practice. The second edition 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. What's in this book: 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" and "After-the-Event" 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; the 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. This updated book is well written and covers an interesting, topical, and previously unexplored aspect of international arbitration, and it concludes with observations regarding third-party funding in international investment arbitration and predictions regarding the future of the third-party funding industry worldwide. How this will help you: This book ensures appropriate legal knowledge of worldwide jurisdictions' treatment of third-party funders and proceeds confidently through the maze of unresolved ethical considerations that arise when third-party funding is involved. 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, industry expertise, and high award enforceability characteristic of the third-party funding arrangements available in international arbitration.

Third Party Funding In International Arbitration

Author : Lisa Bench Nieuwveld
ISBN : 9041140794
Genre : Law
File Size : 81. 37 MB
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This welcome 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 a

Third Party Funding In International Arbitration And Its Impact On Procedure

Author : Jonas von Goeler
ISBN : 9041150153
Genre : Law
File Size : 60. 8 MB
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Pursuing international arbitration proceedings can be costly. As a result, it is becoming increasingly common for parties to transfer the costs and risks associated with international arbitration disputes to third-party funders. In recent years, institutional speciality providers of capital for dispute resolution - litigation funders - have entered the market for international arbitration claims. International arbitral procedures involving parties supported by litigation funders and other third-party funders have become a reality - one that has left many in the arbitration community puzzled until now. In this book, the author describes and analyses the role of third-party funding, notably litigation funding, in the context of international arbitration, taking into account contractual, industry-related, economic, empirical, ethical, regulatory, and procedural aspects. The book's focus is on procedure - that is, to examine which issues are likely to arise in the course of international arbitral proceedings involving funded parties, and to provide guidance on how these issues can be solved. Among these crucial issues covered are the following: - disclosure of third-party funding; - privilege protection of documentary evidence; - jurisdictional issues; - impartiality and independence of arbitrators; - confidentiality; - security for costs; and - awarding of costs. Each chapter offers concrete guidelines on how to deal with the respective procedural issues and situations. As the most comprehensive and systematic study of third-party funding in international commercial and investment arbitration to date, this book will be welcomed by professionals in the arbitral community worldwide as well as by funders, funded parties, corporate counsel, and academics.

Third Party Funding In International Arbitration

Author : Bernardo María Cremades
ISBN : 9041161007
Genre : Arbitration (International law)
File Size : 33. 20 MB
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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.

Third Party Funding In International Arbitration

Author : Irene Röthlisberger
ISBN : OCLC:949927401
Genre :
File Size : 68. 84 MB
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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.

Third Party Funding In International Arbitration

Author : Jeffery Commission
ISBN : 0198826044
Genre :
File Size : 81. 47 MB
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Third party funding (TPF), where specialist companies help finance a client's legal fees in exchange for a share of the final award, is becoming increasingly prevalent in international arbitration. This work provides a comprehensive practitioner guide to the law and practice of international arbitration where third party funding is involved, with detailed reference to existing cases, procedural orders, and final awards. The book is comprised of five parts, together covering the life cycle of a funder's involvement in an arbitration: background, case assessment, key terms of the funding agreement, the conduct of the arbitration, and the award. The authors include references to relevant landmark decisions of national courts addressing third-party funding issues in arbitrations, and an appendix provides a list of all known funded investor-state cases, with comprehensive details about the identity of the funder, the dispute, the duration, the cost, and the result. As the discussion of TPF in arbitration continues to be of vital importance in the field, it is imperative that all international arbitration practitioners have access to a balanced, multi-faceted view of the practice and its issues. This book provides much-needed guidance suitable for all practioners and students.

Handbook On Third Party Funding In International Arbitration

Author : Nikolaus Pitkowitz
ISBN : 1944825207
Genre : International commercial arbitration
File Size : 64. 17 MB
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"The Handbook on Third-Party Funding in International Arbitration was created through the collaboration of the ABA Section of International Law - International Arbitration Committee, the International Council for Commercial Arbitration (ICCA) and the Centre on Regulation, Ethics and Rule of Law at Queen Mary, University of London. Their goal was to study, identify and address the central issues and threats specific to the Third-Party Funding (TPF) context and to provide guidance to legal practitioners when confronted with third-party funding in international arbitration. The Handbook on Third-Party Funding in International Arbitration comprises six general chapters and 25 country-specific reports providing global coverage and different perspectives."--Publisher

The Principles And Practice Of International Commercial Arbitration

Author : Margaret L. Moses
ISBN : 9781107151871
Genre : Law
File Size : 51. 47 MB
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This book explains how and why arbitration works. offering comprehensive coverage of the basic requirements, including recent changes in arbitration laws, rules, and guidelines.

Litigation Costs Funding And Behaviour

Author : Willem H. van Boom
ISBN : 9781317104230
Genre : Law
File Size : 57. 94 MB
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This collection explores the practical operation of the law in the area of litigation costs and funding, and confronts the issue of how exposure to cost risks affects litigation strategy. It looks at the interaction of the relevant legal regime, regulatory framework and disciplinary rules with the behaviour of litigants, courts and legislatures, examining subjects such as cost rules and funding arrangements. The book discusses a wide range of topics such as cost-shifting rules, funding and mass tort litigation, cost rules and third-party funding (TPF) rules in specific areas such as intellectual property (IP) litigation, commercial arbitration, investment arbitration, the role of legal expense insurance arrangements, fee regulation and professional ethics. The contributors include renowned scholars, experts in their respective fields and well-versed individuals in both civil procedure and the practice of litigation, arbitration and finance. Together, they present a broad approach to the issues of costs, cost-shifting rules and third-party funding. This volume adds to the existent literature in combining topics in law and practice and presents an analysis of the most recent developments in this fast developing area.

Ethics In International Arbitration

Author : Catherine A. Rogers
ISBN : 0198713207
Genre : Law
File Size : 27. 58 MB
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International arbitration is a remarkably resilient institution, but many unresolved and largely unacknowledged ethical quandaries lurk below the surface. Globalization of commercial trade has increased the number and diversity of parties, counsel, experts and arbitrators, which has in turn lead to more frequent ethical conflicts just as procedures have become more formal and transparent. The predictable result is that ethical transgressions are increasingly evident and less tolerable. Despite these developments, regulation of various actors in the system arbitrators, lawyers, experts, third-party funders and arbitral institutions remains ambiguous and often ineffectual. Ethics in International Arbitration systematically analyses the causes and effects of these developments as they relate to the professional conduct of arbitrators, counsel, experts, and third-party funders in international commercial and investment arbitration. This work proposes a model for effective ethical self-regulation, meaning regulation of professional conduct at an international level and within existing arbitral procedures and structures. The work draws on historical developments and current trends to propose analytical frameworks for addressing existing problems and reifying the legitimacy of international arbitration into the future.

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