Third Party Funding in International Arbitration
ICC Dossiers Volume 10
The last decade has seen an exponential growth in both international commercial arbitration and international investment arbitration. Nevertheless, arbitration proceedings can prove to be very costly, and their funding raises the delicate question of the accessibility of arbitration.
The solution offered by third-party funding has undoubtedly become a fact of life in the world of arbitration, despite reservations in some quarters. Although continental countries continue to regard it with suspicion, Anglo-Saxon countries have embraced this solution and have already built up a body of experience in the field. This publication considers the various funding techniques specific to international arbitration before looking at some of the legal issues raised by such funding and the reactions it may arouse among international arbitration practitioners.
This publication is the ICC Institute of World Business Law’s latest contribution to its Dossier series on new practices in international arbitration and is inspired by the wish to see those practices develop in a way that is compatible with the basic principles that ensure all parties’ rights.
The contributions in Dossier X, Third-Party Funding in International Arbitration, tackle these issues from the point of view of arbitrators, counsel, corporate lawyers and arbitral institutions and draw on the knowledge and experience of some of today’s leading experts in the field of arbitration.
The contributors to this Dossier include:
- Georges Affaki
- Christopher Bogart
- Régis Bonnan
- Antonio Crivellaro
- Eckhard Hellbeck
- Mark Kantor
- Charles Kaplan.
- Carolyn Lamm
- Laurent Lévy
- Angelynn Meya
- Selvyn Seidel
- Maxi Scherer
- Sandra Sherma
The ICC Institute of World Business Law brings together the finest legal minds to strengthen links between international business practitioners and the legal profession. The Institute’s ‘Dossiers’ is a series that has gained international prestige. These Dossiers are the outcome of the Institute’s annual meetings, where experts from around the globe come together to discuss salient issues of international commercial law and arbitration.
An ICC Services publication, distributed by Kluwer Law International.
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Foreword by Yves Derains
Introduction by Antonias Dimolitsa
Chapter 1: A Financing is a Financing is a Financing… by Dr Georges Affaki
Chapter 2: Third-party investing in international arbitration claims to invest or not to invest? A daunting question by Selvyn Seidel
Chapter 3: “Corporate Governance” Rules Are Coming to Third Party Financing of International Arbitration (and in General) July 8, 2013 by Selvyn Seidel and Sandra Sherman
Chapter 4: Overview of Arbitration Finance by Christopher P. Bogart
Chapter 5: Risk Management Tools for Respondents – Here Be Dragons by Mark Kantor
Chapter 6: Third-Party Funding in International Arbitration Issues for Counsel by Charles Kaplan
Chapter 7: Third-Party Funding Disclosure, Joinder and Impact on Arbitral Proceedings by Laurent Lévy and Régis Bonnan
Chapter 8: Third-Party Funding in International Arbitration Towards Mandatory Disclosure of Funding Agreements? by Dr Maxi C. Scherer
Chapter 9: Third-Party Funding in Investor-State Arbitration Introduction and Overview by Carolyn B. Lamm and Eckhard R. Hellbeck
Chapter 10:Third-Party Funding in International Investment Arbitration The Elephant in the Room by Angelynn Meya
Chapter 11: Third-Party Funding and “Mass” Claims in Investment Arbitrations by Antonio Crivellaro
Chapter 12: Concluding remarks by Bernardo M. Cremades