Third Party Funding In International Arbitration
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Third Party Funding In International Arbitration
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Author : Lisa Bench Nieuwveld
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2016-04-24
Third Party Funding In International Arbitration written by Lisa Bench Nieuwveld and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-04-24 with Law categories.
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.
Third Party Funding In International Arbitration And Its Impact On Procedure
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Author : Jonas von Goeler
language : en
Publisher:
Release Date : 2016
Third Party Funding In International Arbitration And Its Impact On Procedure written by Jonas von Goeler and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016 with Arbitration (International law) categories.
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.
Third Party Funding In International Arbitration
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Author : Mohamed F. Sweify
language : en
Publisher: Edward Elgar Publishing
Release Date : 2023-02-14
Third Party Funding In International Arbitration written by Mohamed F. Sweify and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-02-14 with Law categories.
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.
Handbook On Third Party Funding In International Arbitration
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Author : Nikolaus Pitkowitz
language : en
Publisher:
Release Date : 2018
Handbook On Third Party Funding In International Arbitration written by Nikolaus Pitkowitz and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018 with International commercial arbitration categories.
"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
Third Party Funding In International Arbitration
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Author : Bernardo María Cremades
language : en
Publisher: Kluwer Law International
Release Date : 2015-04-13
Third Party Funding In International Arbitration written by Bernardo María Cremades and has been published by Kluwer Law International this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-04-13 with Actions and defenses categories.
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
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Author : ICC Institute of World Business Law. Meeting
language : en
Publisher:
Release Date : 2013
Third Party Funding In International Arbitration written by ICC Institute of World Business Law. Meeting and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with Actions and defenses categories.
Third Party Funding For Dispute Resolution
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Author : Beibei Zhang
language : en
Publisher: Springer Nature
Release Date : 2021-03-25
Third Party Funding For Dispute Resolution written by Beibei Zhang and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-03-25 with Law categories.
This book represents a comparative study of Third Party Funding (TPF) and its regulation in England, Hong Kong, Singapore, the Netherlands and the Mainland of China. It provides a general review of the background in which TPF grows and the platform where third party funders are allowed to operate. In each and every chosen jurisdiction, the book analyses the legal risks related to TPF, the regulatory measures and the questions surrounding the challenges that lay ahead. This book is featured by the empirical study of the Chinese TPF market. As of the time of this writing, TPF activities operating in China have not been expanded upon in English or Chinese literature. The language barrier may be one reason. The lack of empirical materials may also contribute to this situation. In order to obtain some first-hand evidence of the TPF market in China, the author conducted empirical research in Shenzhen, with the assistance of Chinese third party funders and some local organizations and authorities. The empirical study took the form of questionnaire surveys. The first survey saw in total 175 responses, and the second saw 18 responses. Due to the fact that many funding arrangements for commercial disputes are kept in the dark, it is hard, if not impossible, to measure the size of the Chinese TPF market. This study provides a dataset that serves a humble purpose; namely to offer an insight into the Chinese TPF market, rather than to grasp the full picture of the industry.
The Function Of Equity In International Law
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Author : Catharine Titi
language : en
Publisher: Oxford University Press
Release Date : 2021-06-11
The Function Of Equity In International Law written by Catharine Titi and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-06-11 with Law categories.
This book provides a systematic and comprehensive study of the legal concept of equity as it operates in contemporary international law. A principle with a long pedigree, equity has been present in legal thought and in municipal legal systems since antiquity. Introduced in international legal decisions through claims commissions and arbitral tribunals, equity became progressively part and parcel of the international law mainstream. From international cultural heritage law to the law on climate change, from maritime boundary delimitations to decisions on security for costs in investment arbitration, the relevance of equity is more far-reaching than has previously been acknowledged. In contrast with earlier studies on the topic, this book is informed by a body of judicial and arbitral case law that has never been so substantial and varied. It also draws extensively on the prolific case law of investment tribunals, gaining insights from a valuable source that is typically overlooked in public international law scholarship. As the importance of international law increases, covering continuously new domains, the value of equity increases with it. It is this new equity in the international law of the 21st century that this book explores.
Third Party Funding
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Author : Gian Marco Solas
language : en
Publisher: Cambridge University Press
Release Date : 2019-09-26
Third Party Funding written by Gian Marco Solas and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-09-26 with Law categories.
Looks at legal, economic and policy issues related to third party funding in common law, civil law jurisdictions and international contexts.
International Arbitration And The Covid 19 Revolution
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Author : Maxi Scherer
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2020-11-17
International Arbitration And The Covid 19 Revolution written by Maxi Scherer and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-11-17 with Law categories.
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.