Third-Party Funding in International Arbitration
| Författare: | Bench Nieuwveld Lisa , Shannon Victoria |
| Titel: | Third-Party Funding in International Arbitration |
| Utgivningsår: | 2012 |
| Omfång: | 255 sid. |
| Förlag: | Kluwer |
| ISBN: | 9789041140791 |
| Produkttyp: | Inbunden |
| Ämnesord: | Processrätt |
Pris: 1396 SEK exkl. moms 
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 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 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. |