Should the Real Parties in Interest Have to Stand Up? - Thoughts About A Disclosure Regime for Third-Party Funding in International Arbitration
Article from: TDM 4 (2011), in Contingent Fees and Third Party Funding in Investment Arbitration Disputes
Third-party financing is one of the topics du jour in the world of international arbitration. The funding industry is said to be still in its infancy, although even ten years ago there were European-based financers providing financing in international arbitration cases in which U.S. law firms represented the financed parties. The literature on third-party financing, such as it is, has tended thus far to focus on how various jurisdictions have, or have not, relaxed traditional common law doctrines of champerty and maintenance with the result of accommodating or inhibiting ...