Arbitration / Mediation / Litigation Litigation & Dispute Resolution

Third Party Funding in International Arbitration: A Critical Appraisal and Pragmatic Proposal

By Mohamed F. Sweify
Edward Elgar Publishing February 2023

Specifications

ISBN-13
9781802208825
Publisher
Edward Elgar Publishing
Publication
February 2023
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

The author of Third Party Funding in International Arbitration challenges the structural inconsistencies of the current practices of arbitration funding by arguing that third party funding should be a forum of justice, rather than a forum of profit. By looking at the premise, rather than the implication, the author presents the arcane areas of intersection between access to justice, as a foundational theory for third party funding, and the arbitration funding practice that lacks a unifying framework. The author introduces a new methodology with an alternative way of structuring third party funding to solve a set of practical problems generated by the risk of claim control by the funder.

This book will be of interest to third party funders, arbitrators, lawyers, arbitral institutions, academics, and law students.

Table of Contents

Foreword, Professor Jack J. Coe
Foreword, Justice Jenny Rivera
Preface Introduction – Third party funding: profit concentration
1. Mapping third party funding
2. Abandoned promise
3. A historical framework
4. Asymmetric imbalances
5. Regulation calculus
6. Nurturing the promise

Index
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