Third-party Funding in International Arbitration

Arbitration proceedings can prove to be very complex and costly. How can you raise funds to cover those rising costs? Despite reservations, the solution offered by third-party funding has now become a fact of life in the world of arbitration.

Dossier X of the ICC Institute of World Business Law gives an overview of arbitration finance and covers delicate issues such as:

• Risk management tools for respondents and issues for counsel
• Disclosure, Joinder and Impact on Arbitral Proceedings
• Third Party Funding in investor-state arbitration
• Third Party Funding and collateral litigation
• Third Party Funding and “Mass” Claims in Investment Arbitrations

Although Continental countries continue to regard third party funding with suspicion, Anglo-Saxon countries have embraced this solution and already gained experience in the field. This publication analyzes some of the legal issues raised by such funding and the reactions it may arouse amongst international arbitration practitioners. Bringing you the knowledge and experience of some of today’s leading experts in the field, the contributions in this Dossier include points of view of financiers, funders, arbitrators and counsel.

The contributors to this Dossier include: Georges Affaki, Christopher Bogart, Antonio Crivellaro, Mark Kantor, Charles Kaplan, Carolyn Lamm, Laurent Lévy, Angelynn Meya and Selvyn Seidel.

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.

Details :

Table of contents :

• • FOREWORD by Yves Derains
• • INTRODUCTION by Antonias Dimolitsa
• • ARTICLES
• 1. Georges Affaki: A financing is a financing is a financing
  2. Selvyn Seidel: Third-party investing in international arbitration claims – To invest or not to invest? A daunting question
  3. Selvyn Seidel and Sandra Sherman: “Corporate Governance” rules are coming to third-party financing of international arbitration (and in general)
  4. Christopher Bogart: Overview of arbitration finance
  5. Mark Kantor: Risk management tools for respondents – here be dragons
  6. Charles Kaplan: Third-party funding in international arbitration: Issues for counsel
  7. Laurent Lévy and Régis Bonnan: Third-party funding: Disclosure, joinder and impact on arbitral proceedings
  8. Maxi Scheerr: Third-party funding in international arbitration: Towards mandatory disclosure of funding agreements?
  9. Carolyn Lamm and Eckhard R. Hellbeck: Third-party funding in investor-state arbitration – Introduction and Overview
  10. Angelynn Meya: Third-party funding in international investment arbitration – The elephant in the room
  11. Antonio Creivllaro: Third-party funding and “mass” claims in investment arbitrations
  12. Bernardo Cermades: Concluding remarks
• • CONTRIBUTORS
• • KEY-WORD INDEX