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Third Party Funding of International Arbitration Proceedings—a View from Europe Part II: The Legal Debate

Author: Maxi SCHERER; Aren GOLDSMITH et Camille FLÉCHET

Type: Article

ref: 62012649-665

N0:6 of 2012

Pages: 649-665

This article reports on the contents of a round table discussion regarding the legal and ethical implications associated with the emergence and growth of third party funding (TPF) for international arbitrations. The distinguished participants addressed a range of sensitive issues, including the question of whether disclosure obligations exist in relation to TPF, whether and under what circumstances outside funders may be allowed access to confidential information related to arbitration proceedings, the relevance of TPF when assessing costs and security therefor, and the risks of privilege waiver that may result from the sharing of information with funders. The discussion also addressed existing regulatory and ethical frameworks and standards that may be relevant to TPF. While there are no easy answers to the questions addressed, it is clear that TPF raises many interesting issues warranting ongoing reflective exercises such as the one described in this report.