Third-Party Funding in International Arbitration

1. Auflage 2012
ISBN: 978-90-411-4079-1
Verlag: Wolters Kluwer

Buch, Englisch, 288 Seiten

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 and make use of this distinctive funding tool.

The 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. 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, including contingency representation and conditional fee arrangements;
- loans;
- ethical doctrines influential to the continued existence and viability of the third-party funding industry;
- possible waivers of the attorney work-product doctrine or attorney-client privilege;
- potential encouragement of non-meritorious claims;
- possible future bundling, securitization, and trading of legal claims;
- risk that the funder may put ist 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 book concludes with observations regarding third-party funding in international investment arbitration and predictions regarding the future of the third-party funding industry worldwide.

Focusing on the key jurisdictions that have well-developed third-party funding markets – Australia, Germany, the United Kingdom, the United States, the Netherlands, Canada, and South Africa – and regional overviews for Europe, Asia, the Middle East, Africa, and Latin America, this book ably creates a reference source for 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.

Autoren/Hrsg.

Bench Nieuwveld, Lisa

Shannon, Victoria

Fachgebiete

• Rechtswissenschaften Internationales Recht und Europarecht Internationales Recht Internationales Zivilprozess- und Schiedsverfahrensrecht

Inhaltsverzeichnis

1. Introduction. 2. Mechanics of Third-Party Funding Agreements: A Funder’s Perspective. 3. Ethical Considerations in Third-Party Funding. Section I: Key Third-Party Funding Markets. 4. Third-Party Funding in Australia. 5. Third-Party Funding in the United Kingdom. 6. Third-Party Funding in the United States. 7. Third-Party Funding in Germany. Section II: Other Important Third-Party Markets. 8. Third-Party Funding in the Netherlands. 9. Third-Party Funding in Canada. 10. Third-Party Funding in South Africa. Section III: Regional Overviews. 11. Overview of Third-Party Funding in Europe. 12. Overview of Third-Party Funding in Asia. 13. Overview of Third-Party Funding in Latin America, the Middle East and Africa. 14. Conclusion.