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Vol 21 No 9 Sept/Oct 2016

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Goode on Commercial Law

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Third-Party Funding in International Arbitration and its Impact on Procedure

ISBN13: 9789041150158
Published: January 2016
Publisher: Kluwer Law International
Country of Publication: The Netherlands
Format: Hardback
Price: £144.00

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Third-Party Funding in International Arbitration and Its Impact on Procedure is a book that 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.

Pursuing international arbitration proceedings can be costly and, 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. This book examines issues that are likely to arise in the course of international arbitral proceedings involving funded parties and provides guidance on how these issues can be solved.

What’s in this book?

In Part I of this book, the author describes and compares the various forms of third-party funding in the context of international arbitration and offers insight into the litigation funding industry, looking at such topics as litigation funding agreements, case assessment and case monitoring, benefits and risks of litigation funding, and regulation. Part II of the book is dedicated to the procedural issues raised by third-party funding. 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 identifies the relevant procedural issues in commercial and investment arbitration and offers concrete guidelines on how arbitrators and parties should deal with these issues.

How this will help you?

This useful book helps to identify and resolve, or forestall pitfalls that may occur in international arbitral proceedings involving funded parties, thereby enabling practitioners to anticipate how third-party funding may affect various aspects of arbitral procedure, notably the arbitrator’s impartiality and independence. This book also prepares for challenges regarding security for costs and awarding of costs. 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.

Arbitration and Dispute Resolution
List of Abbreviations.
CHAPTER 1 Introduction.

Part I Third-Party Funding in International Arbitration.
CHAPTER 2 The Various Forms of Third-Party Funding in International Arbitration.
CHAPTER 3 Litigation Funding in International Arbitration.

Part II Impact of Third-Party Funding on Arbitral Procedure.
CHAPTER 4 Disclosure of Third-Party Funding in International Arbitration Proceedings.
CHAPTER 5 Privilege Protection of Documentary Evidence and Third-Party Funding.
CHAPTER 6 Jurisdictional Issues and Third-Party Funding.
CHAPTER 7 Impartiality and Independence of Arbitrators and Third-Party Funding.
CHAPTER 8 Confidentiality in International Arbitration Proceedings and Third-Party. Funding
CHAPTER 9 Security for Costs and Third-Party Funding.
CHAPTER 10 Awarding of Costs and Third-Party Funding.

Part III Summary.
CHAPTER 11 Summary of Part I and Part II.
CHAPTER 12 Concluding Remarks.

Table of Cases and Arbitral Awards.