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Full-Text Articles in Law

Third-Party Funding In International Arbitration, Victoria Sahani Nov 2017

Third-Party Funding In International Arbitration, Victoria Sahani

Shorter Faculty Works

Third-party funding, also known as litigation funding, is a financing method in which an entity that is not a party to a particular dispute funds another party’s legal fees or pays an order, award, or judgment rendered against that party, or both. Third-party funding is a growing phenomenon that is becoming more mainstream in both the litigation and the international arbitration communities. The leading jurisdictions worldwide — in terms of volume and sophistication of third-party funding arrangements — are Australia, the U.K., the U.S. and Germany. In the past, third-party funding was a smaller niche market, but in recent years, …


Public Policy Exception In Enforcement Of Foreign Judgments: Setting Aside An Award In The Country Of The Seat Of Arbitration, Amir Seyedfarshi Oct 2017

Public Policy Exception In Enforcement Of Foreign Judgments: Setting Aside An Award In The Country Of The Seat Of Arbitration, Amir Seyedfarshi

Pepperdine Dispute Resolution Law Journal

American courts may enforce and recognize international commercial arbitral awards pursuant to the New York Convention. An arbitral award can be subject of scrutiny before the courts of the country of the seat of arbitration and courts of the seat of arbitration may annul an award. Once an award is annulled, the question is whether a decision to annul an award renders it void, or a court outside of the seat of arbitration may refuse to enforce the judgment annulling the award and enforce the award. Courts may treat the judgment annulling an award as a judgment for the purpose …


Introduction: Center On Human International Commercial Arbitration Symposium: Salient Issues In International Commercial Arbitration, Horacio A Grigera Naon Jun 2017

Introduction: Center On Human International Commercial Arbitration Symposium: Salient Issues In International Commercial Arbitration, Horacio A Grigera Naon

Horacio Grigera Naón

No abstract provided.


Reshaping Third-Party Funding, Victoria Sahani Feb 2017

Reshaping Third-Party Funding, Victoria Sahani

Faculty Scholarship

Third-party funding is a controversial business arrangement whereby an outside entity—called a third-party funder—finances the legal representation of a party involved in litigation or arbitration or finances a law firm’s portfolio of cases in return for a profit. Attorney ethics regulations and other laws permit nonlawyers to become partial owners of law firms in the District of Columbia, England and Wales, Scotland, Australia, two provinces in Canada, Germany, the Netherlands, New Zealand, and other jurisdictions around the world. Recently, a U.S.-based third-party funder that is publicly traded in England started its own law firm in England. In addition, some U.S. …


Contextual Analysis In Arbitration, Pat K. Chew Jan 2017

Contextual Analysis In Arbitration, Pat K. Chew

Articles

The arbitration process is embedded in a much larger context than the four walls in which the arbitration occurs. Exploring and studying that context—including the arbitral institution, the arbitrators, each party, the arbitration process, and the broader cultural and political environment— inform what actually occurs and to what extent one party may have inherent advantages over the other. This article illustrates this contextual analysis in two diverse settings: domestic employment arbitrations and international trade arbitrations. These analyses reveal one party’s advantages over the other, which are explained in part by market and cultural forces in which these arbitrations are embedded. …


Bilateral Investment Treaties And Domestic Institutional Reform, Richard C. Chen Jan 2017

Bilateral Investment Treaties And Domestic Institutional Reform, Richard C. Chen

Faculty Publications

The bilateral investment treaties (BITs) signed between developed and developing countries are supposed to increase the flow of investment from the former to the latter. But the evidence indicates that the existing approach of guaranteeing special protections for foreign investors has only a modest impact on luring their dollars. At the same time they are failing to produce meaningful benefits, these treaty commitments create substantial costs for the host states that make them, exposing them to liability and constraining their regulatory authority. Given this state of imbalance, the time seems ripe for a new approach, but existing proposals for revising …


Qui Custodiet Custodes? A Hard Look At International Arbitral Institutions, Jan Paulsson Jan 2017

Qui Custodiet Custodes? A Hard Look At International Arbitral Institutions, Jan Paulsson

Articles

No abstract provided.