TDM Special Issue on "Contingent Fees, Third Party Funding and Insurance in Investment Arbitration Disputes"
30 March 2011
Update November 2011: The special on been published you can find the tabel of contents of the Contingent Fees, Third Party Funding and Insurance in Investment Arbitration Disputes issue here.
We hereby announce a forthcoming TDM special issue on the related topics of contingent fees, third party funding and the role of insurance in investment arbitration. This special issue will discuss aspects of theory, practice and ethical considerations in connection with contingent or alternative fee arrangements, third party funding and insurance in the world of international investment arbitration.
This special issue will be edited by Dr. Maya Steinitz, Arbitrator/Associate-in-Law, Columbia Law School (Associate Professor of Law, University of Iowa College of Law - Fall 2011) and Joseph M. Matthews, Colson Hicks Eidson, P.A.
The growth of investment arbitration and the global financial collapse have combined to increase the pressures on claimants and respondent host nations to explore alternatives to the hourly attorney fee and to obtain assistance in funding payment of fees and arbitration costs in investment disputes. Inevitably, this has also increased the focus on collectability of arbitral awards and on the development of market alternatives for sale of arbitral awards. Critical to the competitive availability of all these products are the allocation of fees and costs by arbitral tribunals.
Possible topics might include:
- Practical and ethical considerations relating to use of contingent/success fees in international investment arbitration.
- Availability of third party funding products for claimants, pros and cons.
- The types of alternative funding products, dos and don'ts.
- Possibilities of fixed, success or contingent fees for respondent nations.
- Availability of third party funding products/insurance for respondent nations.
- Cost allocation in investment arbitration.
- Practical, legal and ethical considerations relating to distressed asset investors in the area of investment arbitration awards.
We hereby invite all those with an interest in this area to contribute articles or notes on one of the above topics or any other relevant issue. This special issue will be edited by:
Dr. Maya Steinitz
Columbia Law School
Joseph M. Matthews
Colson Hicks Eidson, P.A.
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