Third Party Funding in International Arbitration

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Description
This book on Third Party Funding (TPF) in International Arbitration discusses the topic from the perspectives of all the stakeholders involved in a funded arbitration. It opens with the origins of dispute funding and how that has been viewed in different jurisdictions, especially amidst concerns of champerty and maintenance which for long have been considered synonymous with dispute funding. It is always important to understand the origins and jurisdictional practices of any discipline so as to ensure a better understanding. The hesitance of certain jurisdictions in legalising TPF emanates from the historical backlog, given champerty or maintenance too have evolved, which can be considered as a metamorphosis in itself. Discussions with respect to the model of funding have also been considered very closely. In our opinion, deserves attention as the very involvement of the funder in the arbitration process depends upon the structure and model of funding and affects the dispute resolution process, for instance, its impact on disclosures. Although the book touches upon the various modes of funding which are known, it is not denied that in the near future newer models may be conceived and successfully used. The most commonly used models have been briefly explained in terms of their essence and how they materialise. A detailed discussion on the structure of funding has also been made and the relationship of the funder with the attorney within these structures has been thoroughly assessed. We suggest that providing a single window service to the litigant has opened up certain aspects which in the near future would require serious deliberation. Issues pertaining to ethics and so on have already been discussed in other works which, in our opinion, are jurisdiction centric and need to be viewed from an international perspective. It may seem slightly ambitious to suggest internationalization and homogenisation of funding, but in the years to come, the possibility of a common code or a hard law instrument is not ruled out; international third party funding associations are a testimony to that. Regulation of the funding business too has been briefly touched upon as in the near future it will gain pertinence.
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Contents
Chapter 1 : Introduction 
Chapter 2 : Champerty and Third Party Funding
Chapter 3 : Models of Third Party Funding
Chapter 4 : Disclosure in Funding Arbitration
Chapter 5 : The Intersection of Arbitration, Insolvency and Third Party Funding
Chapter 6 : Overview of Third Party Funding in Various Jurisdictions
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Author Details
PRAKHAR NARAIN SINGH CHAUHAN, is as) Associate Professor at Jindal Global Law School, Sonipat, Haryana, with a primary focus on Arbitration. He graduated in law from the Faculty of Law, University of Lucknow. He is a postagrduate in law from Queen Mary University of London. As avid writer on sitters of International Arbitration, Praklas mentors, supervises and supports independent research in the field. He has worked in several international and domestic high-stake arbitration while representing the Union of India, PSUs and private parties.
HENRY CLARKE, is based in the United Kingdom as a consultant for several legal consultancies and new model law firms practising is the field of construction and engineering commercial, corporate and finance law. A solicitor advocate who has worked with several leading international law firms in the United Kingdom, Poland and the United Arab Emirates, he served as an officer in the British Army in Germany, the Balkans, the Middle East and south east Asia being attached to the Royal Gurkha Rifles and The Rifles at various times. Henry bricfly taught at Sherwood College, Nainital, Uttarakhand, He received a Distinction in his LLM at the Centre for Commercial Law Studies at Queen Mary University of London where he studied at the School of International Arbitration. Henry obtained his first degree in History from the University of Edinburgh and he also holds as) MBA from the University of Durham.