Arbitrating Disputes in Third-Party Funding:
A Parallel With Arbitration in the Financing Sector
The topic of Third-Party Funding in international arbitration has been almost exhaustedly debated.
However, little — if any — relevance has been given to the use of dispute resolution mechanisms in the context of litigation financing.
It can be said that the litigation financing is a financing, and therefore there is not much else to explore given the work that has already been done in regards to the use of arbitration (and other dispute resolution means) within this realm.
In any case, one can ask whether the litigation financing industry has particular features that need to be looked at, or if there are specific kinds of disputes that arise in this context.
This article endeavours to capture those nuances that the litigation financing may pose when faced with a dispute and argues that, in very same vein as the finance and banking sector, arbitration is the best means to solve disputes.
Read it here: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3285723
Looking forward to hearing you thoughts!