Third-party Funding in International Arbitration - Institute Dossier X

No. 752E

ISBN : 978-92-842-0202-7

Arbitration proceedings can prove to be very complex and costly. How can you raise funds to cover those rising costs? Despite reservations, the solution offered by third-party funding has now become a fact of life in the world of arbitration.

Dossier X of the ICC Institute of World Business Law gives an overview of arbitration finance and covers delicate issues such as:

  • Risk management tools for respondents and issues for counsel
  • Disclosure, Joinder and Impact on Arbitral Proceedings
  • Third Party Funding in investor-state arbitration
  • Third Party Funding and collateral litigation
  • Third Party Funding and “Mass” Claims in Investment Arbitrations

Although Continental countries continue to regard third party funding with suspicion, Anglo-Saxon countries have embraced this solution and already gained experience in the field. This publication analyzes some of the legal issues raised by such funding and the reactions it may arouse amongst international arbitration practitioners. Bringing you the knowledge and experience of some of today's leading experts in the field, the contributions in this Dossier include points of view of financiers, funders, arbitrators and counsel.

The contributors to this Dossier include: Georges Affaki, Christopher Bogart, Antonio Crivellaro, Mark Kantor, Charles Kaplan, Carolyn Lamm, Laurent Lévy, Angelynn Meya and Selvyn Seidel.

The ICC Institute of World Business Law brings together the finest legal minds to strengthen links between international business practitioners and the legal profession. The Institute’s ‘Dossiers’ is a series that has gained international prestige. These Dossiers are the outcome of the Institute’s annual meetings, where experts from around the globe come together to discuss salient issues of international commercial law and arbitration.

Code ISBN : 978-92-842-0202-7
Weight : 0.4200 kgs
Number of pages : 173
Publishing date : 2013
Language : English
Format in cm : 15.9*23.9

• FOREWORD by Yves Derains

• INTRODUCTION by Antonias Dimolitsa

• ARTICLES

1. Georges Affaki: A financing is a financing is a financing
2. Selvyn Seidel: Third-party investing in international arbitration claims – To invest or not to invest? A daunting question
3. Selvyn Seidel and Sandra Sherman: “Corporate Governance” rules are coming to third-party financing of international arbitration (and in general)
4. Christopher Bogart: Overview of arbitration finance
5. Mark Kantor: Risk management tools for respondents – here be dragons
6. Charles Kaplan: Third-party funding in international arbitration: Issues for counsel
7. Laurent Lévy and Régis Bonnan: Third-party funding: Disclosure, joinder and impact on arbitral proceedings
8. Maxi Scheerr: Third-party funding in international arbitration: Towards mandatory disclosure of funding agreements?
9. Carolyn Lamm and Eckhard R. Hellbeck: Third-party funding in investor-state arbitration – Introduction and Overview
10. Angelynn Meya: Third-party funding in international investment arbitration – The elephant in the room
11. Antonio Creivllaro: Third-party funding and “mass” claims in investment arbitrations
12. Bernardo Cermades: Concluding remarks

• CONTRIBUTORS

• KEY-WORD INDEX

Laurent Lévy Partner, Lévy Kaufmann-Kohler, Switzerland; Vice-President, ICC International Court of Arbitration; Council Member, ICC Institute of World Business Law. Laurent Lévy, admitted to the Geneva Bar in 1974, is a partner of Lévy Kaufmann-Kohler since 1 January 2008. Previously, he was a partner in the International Arbitration Department of Schellenberg Wittmer, Geneva and Zurich. He concentrates his activities on international arbitration. He is a Doctor at Law (Paris) and was educated at the Universities of Paris, Geneva and Wurzburg (Germany).

Angelynn Meya Associate, Foley Hoag, France. Angelynn Meya is a lawyer in the Paris office of Foley Hoag and a member of the firm’s International Litigation and Arbitration Practice group. Ms Meya specializes in international arbitration, including commercial, investor-State and State-to-State arbitrations. She has represented a wide range of States and State entities in various arbitration fora, including before tribunals established under the procedures of the International Centre for the Settlement of Investment Disputes, the International Chamber of Commerce and in ad hoc proceedings.

Maxi Scherer Special Counsel, Wilmer Cutler Pickering Hale and Dorr LLP; Senior Lecturer in International Arbitration and Energy, Queen Mary, University of London, United Kingdom. Dr Maxi Scherer joined Wilmer Cutler Pickering Hale and Dorr in London in 2005 and previously practised as a lawyer in Paris since 2001. She has extensive experience with arbitral practice and procedure both in civil and common law systems. She has represented and advised clients in numerous international arbitrations before most major arbitral institutions and regularly serves as arbitrator, including as sole arbitrator, both in ad hoc and institutional arbitrations.

Sandra Sherman is Fulbrook’s Intellectual Property Manager. She is also currently Director of Development at the Intellectual Property Law Institute of Fordham Law School. Previously, Sandra has been in the International Section of the Antitrust Division, U.S. Department of Justice, in the U.S. Department of State, and was a Senior Attorney in the Department of Energy, where she practised international and administrative law.

Selvyn Seidel Chairman, Fulbrook Capital Management LLC, New York, United States. Selvyn Seidel is the founder and Chairman of Fulbrook. Fulbrook, a more recent entrant into the third party finance industry, is now referred to as a leading entity in the industry. Mr. Seidel is experienced and recognized as a leader in the field (described recently in a Report as “probably the frontrunner“ in the financing industry).

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