Doutrina

Third-party funding in international arbitration and the allocation of costs
Descrição

Abstract: It is no exaggeration to state that use of the mechanism of third party funding is increasingly significant in international arbitration. It is used as a means of financing the fees and expenses of the proceedings and is widely considered as an important means of providing access to justice. Despite its benefits, however, it is presenting arbitrators with a growing number of problems, due in particular to the lack of specific regulation of the mechanism. In this article, the author addresses the degree of influence exercised by professional funders during the arbitration. The article also examines the extent to which it is possible for loss of suit fees to be allocated to individuals or entities that were not signatories to the arbitration agreement.
Sumário

I Introduction - II Third-party funding in the context of international arbitration - III Third-party funding, the allocation of costs and the independence of lawyers - IV How to determine the degree of control retained by third-party funders - V Conclusion
  • Third-party funding in international arbitration and the allocation of costs
  • Third-party funding in international arbitration and the allocation of costs

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RANZOLIN, Ricardo (org.). Arbipedia. Comentários à Lei Brasileira de Arbitragem. Arbipedia, Porto Alegre, 2024.
Acesso em: 19-04-2024. Disponível em: https://arbipedia.com/conteudo-exclusivo/3703-third-party-funding-in-international-arbitration-and-the-allocation-of-costs.html?category_id=702

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