Page 0018

18

The conversation about best practices in this space

will be advanced by the launch of the final report

of the ICCA-Queen Mary University Task Force on

Third-Party Funding - scheduled for April 2018 -

through which key industry stakeholders

(including funders) seek to facilitate informed

dialogue and decision-making about funding in

international arbitration.

Until there is established market practice in terms of

both how funders are selected and how agreements

are negotiated, it is crucial that those seeking

funding ensure they have advisers with sufficient

expertise to guide them through the process.

To give just one example, parties seeking funding

need to be aware of the possibility of situations

when the interests of a funder and the funded

party are not aligned - this can take place when

there is a disagreement in strategy or, more likely,

when considering an offer to settle the dispute.

This possibility of misalignment will have a

significant impact on negotiating the terms

of the funding agreement.

' Successfully navigating the

world of third-party funding -

including the shifting array of

players and the evolution of

funding structures - requires

both market familiarity and

legal expertise. We are on the

cutting-edge of third-party

funding in international

arbitration, and can bring that

know-how to bear to achieve

the best possible funding

arrangements for our clients.'

Noah Rubins

Third-party funding:

beyond the traditional model

7

£10bnhas been raised from investors

to invest in legal disputes

Reports have suggested

that as much as

Index

  1. Page 0001
  2. Page 0002
  3. Page 0003
  4. Page 0004
  5. Page 0005
  6. Page 0006
  7. Page 0007
  8. Page 0008
  9. Page 0009
  10. Page 0010
  11. Page 0011
  12. Page 0012
  13. Page 0013
  14. Page 0014
  15. Page 0015
  16. Page 0016
  17. Page 0017
  18. Page 0018
  19. Page 0019
  20. Page 0020
  21. Page 0021
  22. Page 0022
  23. Page 0023
  24. Page 0024
  25. Page 0025

Related Issues