Doutrina

Third-party litigation funding in the United States
Descrição

Abstract: Third-party litigation funding has arrived in the United States. A number of world-wide funders, such as Juridica Capital Management and Burford Capital Limited, are using nonrecourse loans to invest in large commercial matters in the U.S. litigation market. These developments have sparked debate between those championing increased access to justice and those fearing an increase in frivolous lawsuits. Swept up in the debate is the American contingency fee, questions of privilege and ethics, and prohibitions on maintenance, champerty, and barratry. This article provides a brief summary of the evolving issues surrounding third-party litigation funding in the United States. It defines third-party litigation funding, provides an overview of the current status of funding in the U.S. market, discusses the current legal regulatory environment, and surveys the main arguments advanced by funding supporters and those who oppose it.
Sumário

- 1. WHAT IS MEANT BY THIRD-PARTY LITIGATION FUNDING? - 2. TO WHAT EXTENT IS THIRD-PARTY LITIGATION FUNDING USED IN THE UNITED STATES? - 3. WHAT IS THE CURRENT LEGAL AND REGULATORY FRAMEWORK IN THE UNITED STATES? - 4. WHAT ARE THE CURRENT VIEWS REGARDING THIRD-PARTY LITIGATION FUNDING? - 5. WHAT DOES THE FUTURE HOLD FOR THIRD-PARTY LITIGATION FUNDING?
  • Third-party litigation funding in the United States
  • Third-party litigation funding in the United States

Compartilhe:

RANZOLIN, Ricardo (org.). Arbipedia. Comentários à Lei Brasileira de Arbitragem. Arbipedia, Porto Alegre, 2024.
Acesso em: 18-04-2024. Disponível em: https://arbipedia.com/conteudo-exclusivo/4063-third-party-litigation-funding-in-the-united-states.html?category_id=621

Todos os direitos reservados a Arbipedia. Termos de Uso. Política de Privacidade.
Este material não pode ser publicado, reescrito, redistribuído ou transmitido sem citação da fonte arbipedia.com
Coordenação Ricardo Ranzolin