Third-Party Funding in International Arbitration

About this book: Third-Party Funding in International Arbitration 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 who may wish to tap into and make use of this distinctive funding tool. Since the first edition of this invaluable book in 2012, third-party funding has become more mainstream in international arbitration practice. The second edition 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. What’s in this book: 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” and “After-the-Event” 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; the 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…