Third-party funding in international arbitration

Icc Publication

176 pages, parution le 01/10/2013

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Résumé

Arbitration proceedings can prove to be very complex and costly. How can you raise funds to cover those rising costs? Despite reservations, the solution offered by third-party funding has now become a fact of life in the world of arbitration.

Dossier X of the ICC Institute of World Business Law gives an overview of arbitration finance and covers delicate issues such as:

- Risk management tools for respondents and issues for counsel
- Disclosure, Joinder and Impact on Arbitral Proceedings
- Third Party Funding in investor-state arbitration
- Third Party Funding and collateral litigation
- Third Party Funding and "Mass" Claims in Investment Arbitrations

Although Continental countries continue to regard third party funding with suspicion, Anglo-Saxon countries have embraced this solution and already gained experience in the field. This publication analyzes some of the legal issues raised by such funding and the reactions it may arouse amongst international arbitration practitioners. Bringing you the knowledge and experience of some of today's leading experts in the field, the contributions in this Dossier include points of view of financiers, funders, arbitrators and counsel.