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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
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£10bnhas been raised from investors
to invest in legal disputes
Reports have suggested
that as much as