國立高雄大學圖資館 |

Language: English

Back

Third-party funding in investment arbitrationa new player in the system /

Record Type:	Electronic resources : Monograph/item
Title/Author:	Third-party funding in investment arbitrationby Can Eken.
Reminder of title:	a new player in the system /
Author:	Eken, Can.
Published:	Cham :Springer International Publishing :2024.
Description:	x, 237 p. :ill., digital ;24 cm.
Contained By:	Springer Nature eBook
Subject:	Third party litigation funding.
Online resource:	https://doi.org/10.1007/978-3-031-63620-2
ISBN:	9783031636202$q(electronic bk.)

Third-party funding in investment arbitrationa new player in the system /
Eken, Can.

Third-party funding in investment arbitrationa new player in the system /[electronic resource] :by Can Eken. - Cham :Springer International Publishing :2024. - x, 237 p. :ill., digital ;24 cm. - Law for professionals,2662-1428. - Law for professionals..

1 The new phenomenon in investment arbitration -- 2 Definition, history and basic mechanism of tpf -- 3 Existing and potential procedural problems in tpf in investment arbitration: analysis of the case law -- 4 Empirical research in the TPF market -- 5 Third-party funding: threat or facilitator of the system - an ethical dilemma -- 6 Conclusion -- 7 The best practice guideline for funders operating in investment arbitration -- Appendix - investment arbitration cases.

This book offers a reference guide that can be consulted by all users of Third-Party Funding (TPF), lawyers, students, and other interested readers. In addition to analyzing TPF issues holistically, with both doctrinal and empirical methods, the book provides important empirical data on funders through interviews conducted with nearly thirty people working for third-party funders. It reveals a range of potential problems and lays out how to address them in the form of guidelines. TPF has become a significant element of litigation and arbitration systems around the world for both theoretical and practical reasons. Specifically, in the context of investment arbitration, the latest studies suggest that a large percentage of investment arbitration cases are sponsored by funders. Despite its prevalence, TPF has raised procedural and ethical concerns in the investment regime. One of the caveats is that when states lose against an investor, their taxpayers are who pay for the investment arbitration award, essentially transferring the wealth of the states to the investor, and now part of this wealth goes to the funder. Whether or not the funder shares this wealth is anyone's guess and represents an ethical consideration. Apart from ethical challenges, TPF has also raised significant procedural problems in investment arbitration. As funders enter the equation of arbitration proceedings in the investment regime, consideration must be given to this new player and how TPF affects investment arbitration. Overall, the book assesses TPF in its entirety: background information, the main procedural issues and case law, ethical aspects, and empirical research on TPF, including the funder's perspective. By doing so, it sheds new light on under-researched issues and offers essential guidance to help orient legal policy.

ISBN: 9783031636202$q(electronic bk.)

Standard No.: 10.1007/978-3-031-63620-2doiSubjects--Topical Terms:

779875
Third party litigation funding.

LC Class. No.: K124.T55

Dewey Class. No.: 347.09

Third-party funding in investment arbitrationa new player in the system /
LDR:03333nmm a2200337 a 4500 001 667128
003 DE-He213
005 20240720125246.0
006 m d
007 cr nn 008maaau
008 250107s2024 sz s 0 eng d
020 $a 9783031636202$q(electronic bk.)
020 $a 9783031636196$q(paper)
024 7 $a 10.1007/978-3-031-63620-2 $2 doi
035 $a 978-3-031-63620-2
040 $a GP $c GP
041 0 $a eng
050 4 $a K124.T55
072 7 $a LBBM $2 bicssc
072 7 $a LAW051000 $2 bisacsh
072 7 $a LBBM $2 thema
082 0 4 $a 347.09 $2 23
090 $a K124.T55 $b E36 2024
100 1 $a Eken, Can. $3 979883
245 1 0 $a Third-party funding in investment arbitration $h [electronic resource] : $b a new player in the system / $c by Can Eken.
260 $a Cham : $b Springer International Publishing : $b Imprint: Springer, $c 2024.
300 $a x, 237 p. : $b ill., digital ; $c 24 cm.
490 1 $a Law for professionals, $x 2662-1428
505 0 $a 1 The new phenomenon in investment arbitration -- 2 Definition, history and basic mechanism of tpf -- 3 Existing and potential procedural problems in tpf in investment arbitration: analysis of the case law -- 4 Empirical research in the TPF market -- 5 Third-party funding: threat or facilitator of the system - an ethical dilemma -- 6 Conclusion -- 7 The best practice guideline for funders operating in investment arbitration -- Appendix - investment arbitration cases.
520 $a This book offers a reference guide that can be consulted by all users of Third-Party Funding (TPF), lawyers, students, and other interested readers. In addition to analyzing TPF issues holistically, with both doctrinal and empirical methods, the book provides important empirical data on funders through interviews conducted with nearly thirty people working for third-party funders. It reveals a range of potential problems and lays out how to address them in the form of guidelines. TPF has become a significant element of litigation and arbitration systems around the world for both theoretical and practical reasons. Specifically, in the context of investment arbitration, the latest studies suggest that a large percentage of investment arbitration cases are sponsored by funders. Despite its prevalence, TPF has raised procedural and ethical concerns in the investment regime. One of the caveats is that when states lose against an investor, their taxpayers are who pay for the investment arbitration award, essentially transferring the wealth of the states to the investor, and now part of this wealth goes to the funder. Whether or not the funder shares this wealth is anyone's guess and represents an ethical consideration. Apart from ethical challenges, TPF has also raised significant procedural problems in investment arbitration. As funders enter the equation of arbitration proceedings in the investment regime, consideration must be given to this new player and how TPF affects investment arbitration. Overall, the book assesses TPF in its entirety: background information, the main procedural issues and case law, ethical aspects, and empirical research on TPF, including the funder's perspective. By doing so, it sheds new light on under-researched issues and offers essential guidance to help orient legal policy.
650 0 $a Third party litigation funding. $3 779875
650 0 $a Investments $x Law and legislation. $3 577813
650 0 $a Arbitration and award. $3 174333
650 1 4 $a International Economic Law, Trade Law. $3 558716
710 2 $a SpringerLink (Online service) $3 273601
773 0 $t Springer Nature eBook
830 0 $a Law for professionals. $3 876260
856 4 0 $u https://doi.org/10.1007/978-3-031-63620-2
950 $a Law and Criminology (SpringerNature-41177)