Third-party Funding in International Arbitration
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Description
About the Authors --Foreword --Preface --Acknowledgments --Introduction to Third-Party Funding --Mechanics of Third-Party Funding Agreements: A Funder's Perspective --Ethical Considerations for Third-Party Funding --Third-Party Funding in Australia --Third-Party Funding in the United Kingdom --Third-Party Funding in the United States of America --Third-Party Funding in Germany --Third-Party Funding in the Netherlands --Third-Party Funding in Canada --Third-Party Funding in South Africa --Third-Party Funding in Europe: An Overview --Third-Party Funding in Asia: An Overview --Third-Party Funding in Latin America, the Caribbean, the Middle East, and Africa: An Overview --Third-Party Funding in Investor-State Arbitration --Conclusion --Appendices.
AI Overview
The book "Third-Party Funding in International Arbitration" by Lisa Bench Nieuwveld and Victoria Shannon Sahani is a comprehensive guide to the complex and evolving field of third-party funding in international arbitration. Here is a detailed overview of the book, including key themes, plot summary, and critical reception:
Key Themes
Access to Justice: The book explores the historical and theoretical underpinnings of third-party funding, focusing on its role in enhancing access to justice in international arbitration. It examines how third-party funding can bridge the financial gap for parties involved in arbitration, particularly in cases where the stakes are high but the financial resources of the parties are limited[1][4].
Risk of Claim Control: A significant theme in the book is the risk of claim control by the funder. The authors delve into the structural inconsistencies in current practices of arbitration funding, arguing that third-party funding should prioritize justice over profit. They propose alternative methodologies to mitigate the risk of claim control and ensure that the due process interests of funded parties are protected[1][5].
Practical Analysis and Reports: The book provides practical analysis and useful reports on various aspects of third-party funding, including its legal frameworks, ethical considerations, and best practices. It aims to shed light on the often little-understood aspects of this phenomenon, making it a valuable resource for practitioners, academics, and students[2][3].
Plot Summary
The book begins by discussing the foundational theories of access to justice and how third-party funding intersects with these principles. It critiques the current practices of arbitration funding, highlighting the potential risks and challenges associated with third-party funding, such as claim control by the funder.
The authors then introduce a new methodology for structuring third-party funding. This approach is designed to address the practical problems generated by the risk of claim control, ensuring that arbitration remains a forum for justice rather than a forum for funders' profits. The book concludes with practical suggestions for reforming the current practices of third-party funding to better align with the principles of justice and fairness[1][5].
Critical Reception
While specific reviews of the book by Lisa Bench Nieuwveld and Victoria Shannon Sahani are not provided in the search results, the general reception of similar books on third-party funding suggests that they are well-regarded in the academic and professional communities.
Expert Analysis: The book is praised for its insightful and well-crafted analysis of the industry's challenges. It is noted for its ability to skillfully analyze some of the fundamental flaws of third-party funding, such as the risk of claim control by the funder[1].
Practical Utility: The handbook-style approach of the book, which combines practical analysis with useful reports, is highly valued. It is seen as a valuable resource for third-party funders, arbitrators, lawyers, arbitral institutions, academics, and law students[2][3].
In summary, "Third-Party Funding in International Arbitration" by Lisa Bench Nieuwveld and Victoria Shannon Sahani offers a comprehensive and practical guide to the complex field of third-party funding in international arbitration. It critically appraises the current practices, proposes alternative methodologies, and provides valuable insights for all stakeholders involved in arbitration.