The article provides an in-depth exploration of Third-Party Litigation Funding (TPLF), particularly its role in arbitration. It starts with the basics of TPLF and then delves into leading TPLF jurisdictions. It discusses emerging European regulations and associated challenges. The focus shifts to the complexities of TPLF contracts, covering disclosure issues and their impact on litigation costs. The article also addresses unique aspects like prohibitions on quota lite agreements and disputed credit assignments, considering their compatibility with TPLF. In the context of arbitration, it examines TPLF agreements, disclosure requirements across jurisdictions, and how international arbitration influences TPLF. Notable frameworks like the IBA Guidelines, rules from institutions like ICC and ICSID, and Milan Chamber of Arbitration's TPLF rules are analysed.

(2024). Challenges and Comparative Perspectives on Third-Party Litigation Funding [journal article - articolo]. In JUDICIUM. Retrieved from https://hdl.handle.net/10446/273509

Challenges and Comparative Perspectives on Third-Party Litigation Funding

Locatelli, Francesca
2024-01-01

Abstract

The article provides an in-depth exploration of Third-Party Litigation Funding (TPLF), particularly its role in arbitration. It starts with the basics of TPLF and then delves into leading TPLF jurisdictions. It discusses emerging European regulations and associated challenges. The focus shifts to the complexities of TPLF contracts, covering disclosure issues and their impact on litigation costs. The article also addresses unique aspects like prohibitions on quota lite agreements and disputed credit assignments, considering their compatibility with TPLF. In the context of arbitration, it examines TPLF agreements, disclosure requirements across jurisdictions, and how international arbitration influences TPLF. Notable frameworks like the IBA Guidelines, rules from institutions like ICC and ICSID, and Milan Chamber of Arbitration's TPLF rules are analysed.
articolo
2024
Locatelli, Francesca
(2024). Challenges and Comparative Perspectives on Third-Party Litigation Funding [journal article - articolo]. In JUDICIUM. Retrieved from https://hdl.handle.net/10446/273509
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