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Thrid-Party Funding in International Arbitration, Second Edition by BENCH

Third-Party Funding in International Arbitration, Second Edition

By Lisa Bench Nieuwveld, Victoria Shannon Sahani


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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 disclosed to the decision maker.

This updated book is well written and covers an interesting, topical, and previously unexplored aspect of international arbitration, and it concludes with observations regarding third-party funding in international investment arbitration and predictions regarding the future of the third-party funding industry worldwide.

How this will help you:

This book ensures appropriate legal knowledge of worldwide jurisdictions’ treatment of third-party funders and proceeds confidently through the maze of unresolved ethical considerations that arise when third-party funding is involved. Ably providing a thorough understanding of what third-party funding entails and what legal parameters exist, this book will be of compelling interest to parties aiming to take advantage of the high values, speed, reduced evidentiary costs, industry expertise, and high award enforceability characteristic of the third-party funding arrangements available in international arbitration.

Pages 328
Last Updated 10/18/2017
Update Frequency As Needed
Product Line Kluwer Law International
ISBN 9789041161116
SKU 10058721-0001
Table of Contents

About the Authors




CHAPTER 1 Introduction to Third-Party Funding

CHAPTER 2 Mechanics of Third-Party Funding Agreements: A Funder’s Perspective

CHAPTER 3 Ethical Considerations for Third-Party Funding

CHAPTER 4 Third-Party Funding in Australia

CHAPTER 5 Third-Party Funding in the United Kingdom

CHAPTER 6 Third-Party Funding in the United States of America

CHAPTER 7 Third-Party Funding in Germany

CHAPTER 8 Third-Party Funding in the Netherlands

CHAPTER 9 Third-Party Funding in Canada

CHAPTER 10 Third-Party Funding in South Africa

CHAPTER 11 Third-Party Funding in Europe: An Overview

CHAPTER 12 Third-Party Funding in Asia: An Overview

CHAPTER 13 Third-Party Funding in Latin America, the Caribbean, the Middle East, and Africa: An Overview

CHAPTER 14 Third-Party Funding in Investor-State Arbitration

CHAPTER 15 Conclusion


Appendix I

Appendix II

Appendix III