An article written in French by CCLS alumna, Dr Amel Makhlouf, was published in the Revue internationale de droit comparé (RIDC, No. 2-2021).
Third-Party Funding in International Arbitration
This article provides a comparative legal analysis of third party funding in international arbitration in both common law and civil law jurisdictions.
Third party funding of arbitrations initially emerged in various common law jurisdictions. Over the past few years, it has started to become an established arbitration tool in France. It may be defined as a contractual arrangement whereby a third-party offers financial support to a party involved in arbitration to cover part or all of the legal fees and expenses incurred in the procedure, in return for a share in any future compensation should the claim be successful. Through a comparative legal approach, this article discusses the practice of third party funding worldwide and assesses the main advantages and risks raised under this financing method. It also questions the future developments of the industry considering the lack of mandatory regulation in international arbitration.
To read more about the article and to purchase it, click this link.