Suchergebnisse

About the Authors --Foreword --Preface --Acknowledgments --Introduction to Third-Party Funding --Mechanics of Third-Party Funding Agreements: A Funder's Perspective --Ethical Considerations for Third-Party Funding --Third-Party Funding in Australia --Third-Party Funding in the United Kingdom --Third-Party Funding in the United States of America --Third-Party Funding in Germany --Third-Party Funding in the Netherlands --Third-Party Funding in Canada --Third-Party Funding in South Africa --Third-Party Funding in Europe: An Overview --Third-Party Funding in Asia: An Overview --Third-Party Funding in Latin America, the Caribbean, the Middle East, and Africa: An Overview --Third-Party Funding in Investor-State Arbitration --Conclusion --Appendices.

Foreword / Yves Derains -- Introduction / Antonias Dimolitsa -- 1. A financing is a financing is a financing / Georges Affaki -- 2. Third-party investing in international arbitration claims: to invest or not to invest? A daunting question / Selvyn Seidel -- 3. "Corporate governance" rules are coming to third-party financing of international arbitration (and in general) / Selvyn Seidel and Sandra Sherman -- 4. Overview of arbitration finance / Christopher Bogart -- 5. Risk management tools for respondents: here be dragons / Mark Kantor -- 6. Third-party funding in international arbitration: issues for counsel / Charles Kaplan -- 7. Third-party funding: disclosure, joinder and impact on arbitral proceedings / Laurent Lévy and Régis Bonnan -- 8. Third-party funding in international arbitration: towards mandatory disclosure of funding agreements? / Maxi Scherer -- 9. Third-party funding in investor-state arbitration: introduction and overview / Carolyn Lamm and Eckhard R. Hellbeck -- 10. Third-party funding in international investment arbitration: the elephant in the room / Angelynn Meya -- 11. Third-party funding and "mass" claims in investment arbitrations / Antonio Crivellaro -- 12. Concluding remarks / Bernardo Cremades.

Third Party Funding in Arbitration is the need of the hour in India,, because of increasing fears of Insolvency and Bankruptcy Code 2016 (IBC) as well as sudden eruption of financial problems due to Covid-19, to different business segments. In this Research Paper, an attempt have been done to analyse the research questions, research hypothesis, research methods, public policy of India, Third Party Funding legislations in the some prominent international centres of arbitration and hence concluding the necessity to legislate Third Party Funding for Arbitration in India, to become a prominent entre of arbitration.

The present research focuses on arbitration, which seeks to examine the advantages and disadvantages of third party funding(TPF) and its differences with other forms of financial interference and determines who can act as an investor. The result of this research is that third party funding has disadvantages and advantages that in general, its advantages are dominated due to the difference in volume of funding, and investors in this area can be lawyers, insurance companies or any other person who is not prohibited by law and can be simulated and executed under the Article 10 of civil law.

Arbitration as a dispute resolution mechanism aims to advance access to justice in accordance with Goal 16 of the United Nations Substantiable Development Goals (SDGs). One key issue in arbitration law and practice is the role of third-party funders in fundraising for the arbitration or even litigation process. Third Party Funding (TPF) has grown as a practice of financial responsibility for litigation or arbitration by sponsors that are not parties to a dispute, but whose interest is return for their investment. Such an arrangement may cover major litigation or arbitration costs, as well as other miscellaneous costs. The practice contradicts well established legal principles such as privity of contract and/or complements party autonomy, but the enormous advantages it offers, such as faster access to justice and investment opportunities cannot be ignored. Whilst the concept has developed in advanced countries it is yet to take shape in developing nations like Nigeria. The methodology deployed is doctrinal with primary and secondary sources being the content of Statutes, Bills and Case law. Online sources were also relied upon for secondary sources. The study found that TPF will assist in higher fundraising for litigation and arbitration, that it applies mainly to claimants and will increase access to justice. It is recommended that funds be made available to Defendants too and that developing countries should embrace the practice.

Spreadsheet listing cases where investors sued foreign governments under international investment treaties, and where the case was funded on the investor's side by third parties.

High expenses are associated with international investment arbitration. To save the additional expenditure of the adjudication, parties typically prefer sponsored third-party ar bitration proceedings. On the other hand, the third-party funder is interested in funding the arbitration to benefit significantly from the dispute's resolution. Interestingly, the arbitrators should be able to overlook the Third-Party Funding [TPF] issue to gain the necessary compe tency. Their competence is limited to disputes between the foreign investor and the host state only. This article discusses the concept and legal status of the third-party funder in arbitration. Keywords: Arbitration, third-party funding, expenses, adjudication, disputes, dispute resolution.

The rapid increase of third-party funding (TPF) in investor-state dispute-settlement (ISDS) raises concerns about effects TPF may have on the stability, fairness and legitimacy of the investment treaty regime. States and other stakeholders should critically assess the risks posed by TPF in its current form, and regulate, if not ban, TPF in investment disputes.