Handbook on Third-Party Funding in International Arbitration was created through the collaboration of the ABA SIL International Arbitration Committee, ICCA, and the Centre on Regulation, Ethics and Rule of Law at Queen Mary, University of London.
Their goal was to study, identify and address the central issues and threats specific to the TPF context and to provide guidance to legal practitioners when confronted with third-party funding in international arbitration. Fifty-five authors with outstanding experience analyze the complex issues associated with TPF, many never before addressed by law, courts or scholars.
The book comprises six chapters and 25 country-specific reports providing, from different perspectives:-
- 1. insight into the practical situation of TPF, its boundaries, commonalities and discrepancies, the cost regime and cost-shifting rules;
- 2. understanding of TPF's existing and impending threats with regard to the general ethical duties of counsel, confidentiality, disclosure and privilege;
- 3. understanding of the relationship towards the Third-Party funder;
- 4. guideposts for legal practitioners, and particularly counsel on how to encounter threats, and establish best practices to create legal certainty for the funded as well as the attorney and the funder.
Third-Party Funding of international arbitration has attracted immense attention, and has achieved uncontested, global recognition, but there are still many issues and questions surrounding TPF, questions bearing on what rules govern the relationships among funder, client, and counsel, questions on the legal admissibility of TPF, its ethical implications and cross-border aspects.
Handbook on Third-Party Funding in International Arbitration addresses these questions and sheds much-needed light on the little understood aspects of the TPF market and its diverging legal foundations.
