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Third-Party Funding in International Arbitration

N° de réf. 9789041161116

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Résumé
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;
• bans;
• ethical doctrines affecting the third-party funding industry;
• possible future bundling, securitization, and trading of legal daims;
• 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.
Caractéristiques
ISBN13 978-90-411-6111-6
Titre Third-Party Funding in International Arbitration
Numéro d'édition 2
Date de parution 11/2017
Nombre de pages 304
Type d'ouvrage Colloques, études et rapports
Support Livre
Langue Anglais
Auteur(s) Lisa Bench Nieuwveld, Victoria Shannon Sahani
Editeur / Collection / Sous-collection Kluwer Law International
Thème Droit > Droit de l'arbitrage
Format Papier
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