Third Party Funding in International Arbitration and Its Impact on Procedure

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 ...

Third Party Funding in International Arbitration and Its Impact on Procedure

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.

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