Privilege and Confidentiality in Third Party Funder Due Diligence: The Positions in the United States and Switzerland and the Resulting Expectations Gap in International Arbitration
Article from: TDM 4 (2011), in Contingent Fees and Third Party Funding in Investment Arbitration Disputes
Before investing hundreds of thousands or even millions of dollars in a commercial dispute, third party funders routinely conduct extensive due diligence into the factual and legal background of the dispute. Ultimately, of course, the purpose of such due diligence is to enable the third party funder to make an informed decision as to whether there is a sufficient likelihood of success on the merits to justify the funder's investment. A prudent funder will base its investment decision on a comprehensive assessment of the strengths and weaknesses of the claimant's ...