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Camille Flechet - One of the best experts on this subject based on the ideXlab platform.
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Le financement par les tiers des procedures d’arbitrage international, une vue d’Europe Seconde partie: le debat juridique (Third Party Funding of International Arbitration Proceedings - A view from Europe Part II: The Legal Debate)
2012Co-Authors: Maxi Scherer, Aren Goldsmith, Camille FlechetAbstract:Third party funding has become one of the ‘‘hot topics’’ in international Arbitration. More and more parties, whether in financial distress or not, explore the possibility of using funders to provide the necessary cash to pay for their lawsuit, allowing the funder to realise in return a percentage of the proceeds of the case (or multiple of costs financed), if successful. Third party funding thus shows similarities to certain forms of insurance contracts (where the insurer pays for the costs of the lawsuit, including, in certain cases, for the opposing party’s costs) and contingency fee arrangements (where the lawyer carries the costs of litigation in exchange for an interest in the proceeds of the case). The exact definition of third party funding, however, remains elusive and its legal and ethical implications in international Arbitration, mostly unexplored.This paper is the second part of a study that was carried out in the form of two roundtable discussions on the topic of third party funding in international Arbitration Proceedings. The first paper was published earlier in 2012 and focused on existing funding practices. This second paper is based on a follow-up roundtable during which international Arbitration experts -- including university professors, arbitrators and attorneys -- from various jurisdiction discussed the emergence of third party funding of international Arbitration Proceedings, with a particular focus on the legal and ethical issues raised by this practice.
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le financement par les tiers des procedures d arbitrage international une vue d europe seconde partie le debat juridique third party funding of international Arbitration Proceedings a view from europe part ii the legal debate
2012Co-Authors: Maxi Scherer, Aren Goldsmith, Camille FlechetAbstract:Third party funding has become one of the ‘‘hot topics’’ in international Arbitration. More and more parties, whether in financial distress or not, explore the possibility of using funders to provide the necessary cash to pay for their lawsuit, allowing the funder to realise in return a percentage of the proceeds of the case (or multiple of costs financed), if successful. Third party funding thus shows similarities to certain forms of insurance contracts (where the insurer pays for the costs of the lawsuit, including, in certain cases, for the opposing party’s costs) and contingency fee arrangements (where the lawyer carries the costs of litigation in exchange for an interest in the proceeds of the case). The exact definition of third party funding, however, remains elusive and its legal and ethical implications in international Arbitration, mostly unexplored.This paper is the second part of a study that was carried out in the form of two roundtable discussions on the topic of third party funding in international Arbitration Proceedings. The first paper was published earlier in 2012 and focused on existing funding practices. This second paper is based on a follow-up roundtable during which international Arbitration experts -- including university professors, arbitrators and attorneys -- from various jurisdiction discussed the emergence of third party funding of international Arbitration Proceedings, with a particular focus on the legal and ethical issues raised by this practice.
Christopher R. Drahozal - One of the best experts on this subject based on the ideXlab platform.
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Empirical Findings on International Arbitration
The Oxford Handbook of International Arbitration, 2020Co-Authors: Christopher R. DrahozalAbstract:This chapter surveys the existing empirical literature on international Arbitration. It focuses on quantitative rather than qualitative empirical studies, and covers studies both of international commercial Arbitration and international investment Arbitration. The chapter first describes empirical research on the use of Arbitration to resolve transnational disputes—in particular, the extent to which parties use Arbitration clauses in international contracts, why they do so, and the frequency of international commercial and investment Arbitration Proceedings. Empirical studies have also examined an array of topics about the procedures in international Arbitration. The empirical evidence typically comes from surveys or observational studies of commercial and investment Arbitration Proceedings. The chapter then considers empirical insights on selected topics such as the cost and length of Arbitration Proceedings, the size of arbitral tribunals, interim measures, multi-party disputes, challenges to arbitrators, the role of tribunal secretaries, and the use of mediation. It also looks at empirical studies on the applicable law in international commercial Arbitration; the demographics of international arbitrators; and compliance with and enforcement of international Arbitration awards.
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Arbitrator Selection and Regulatory Competition in International Arbitration Law
2005Co-Authors: Christopher R. DrahozalAbstract:This paper examines empirically the effect of enacting a new or revised Arbitration statute on the selection of international arbitrators. It considers three principal ways in which arbitrators may benefit from a new Arbitration law. Parties may prefer to select arbitrators from the country in which the Arbitration proceeding is held because of their expertise in the country‟s Arbitration law (which governs the conduct of the Arbitration proceeding). Thus, any increase in Arbitration Proceedings in a country following enactment itself likely benefits local arbitrators. In addition, enactment of a new Arbitration statute might make it more likely that local arbitrators will be selected in Proceedings held in the enacting country, because the changed legal regime makes local arbitrators‟ expertise more valuable than it was before enactment. Finally, successfully lobbying for a new Arbitration statute may signal that arbitrators in the country have the sort of managerial or consensus-building skills that would make them effective arbitrators. If so, enactment might make it more likely that arbitrators in the enacting country will be selected for Arbitration Proceedings elsewhere. The paper uses cross-sectional data to estimate models of the selection of presiding and party-appointed arbitrators in Arbitration Proceedings administered by the International Chamber of Commerce (“ICC”) in 2000. The principal empirical findings are threefold. First, there is a strong relationship between the number of Arbitration Proceedings held in a country and the number of arbitrators selected from the country. Thus, as expected, an increase in Arbitration Proceedings held in a country following enactment of a new Arbitration law almost certainly benefits prospective arbitrators in that country. Second, the rate at which local arbitrators are selected for Arbitration Proceedings held in a country increases after enactment of a new Arbitration law. Enactment thus benefits local arbitrators not only by increasing the number of Proceedings in the country, but also by increasing the rate at which local arbitrators are selected in those Proceedings. Third, the rate at which local arbitrators are selected for Arbitration Proceedings held in other countries does not appear to increase after enactment of a new Arbitration law, with the possible exception of presiding arbitrators in countries that have enacted the UNCITRAL Model Law on International Commercial Arbitration. The evidence thus does not support the theory that enactment of a new Arbitration statute serves as a signal of arbitrator quality.
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Regulatory Competition and the Location of International Arbitration Proceedings
SSRN Electronic Journal, 2004Co-Authors: Christopher R. DrahozalAbstract:This article examines the effect of regulatory competition in international Arbitration law on the parties’ choice of the place of Arbitration – in other words, the extent to which countries that revise their Arbitration statutes succeed in attracting parties to hold more Arbitration Proceedings in the country. Using a panel of countries that enacted new or revised Arbitration statutes from 1994 through 1999, the article finds that a country which enacts a new or revised Arbitration statute experiences a statistically significant increase in the number of ICC Arbitration Proceedings held by party agreement in the country. Because the published data are only for ICC Arbitrations and not Arbitrations administered by other institutions (or ad hoc Arbitration Proceedings), the estimates here likely reflect the minimum increase that results. In absolute numbers, the estimated increase is small, with roughly two additional Arbitrations in the full sample and from eight to ten more Arbitrations in major Arbitration countries. That is not surprising, given the relatively small number of ICC Arbitration Proceedings held worldwide in any given year. In percentage terms, by comparison, the estimated effect is greater, ranging from 18.39 percent for the full sample to 26.95 percent for the major Arbitration countries. Because of the small number of Arbitrations involved, the estimated economic benefit to arbitral sites from new or revised Arbitration statutes is substantially smaller than some have suggested, although data limitations make translating the increase in the number of Arbitrations into monetary terms inexact.
Maxi Scherer - One of the best experts on this subject based on the ideXlab platform.
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Le financement par les tiers des procedures d’arbitrage international, une vue d’Europe Seconde partie: le debat juridique (Third Party Funding of International Arbitration Proceedings - A view from Europe Part II: The Legal Debate)
2012Co-Authors: Maxi Scherer, Aren Goldsmith, Camille FlechetAbstract:Third party funding has become one of the ‘‘hot topics’’ in international Arbitration. More and more parties, whether in financial distress or not, explore the possibility of using funders to provide the necessary cash to pay for their lawsuit, allowing the funder to realise in return a percentage of the proceeds of the case (or multiple of costs financed), if successful. Third party funding thus shows similarities to certain forms of insurance contracts (where the insurer pays for the costs of the lawsuit, including, in certain cases, for the opposing party’s costs) and contingency fee arrangements (where the lawyer carries the costs of litigation in exchange for an interest in the proceeds of the case). The exact definition of third party funding, however, remains elusive and its legal and ethical implications in international Arbitration, mostly unexplored.This paper is the second part of a study that was carried out in the form of two roundtable discussions on the topic of third party funding in international Arbitration Proceedings. The first paper was published earlier in 2012 and focused on existing funding practices. This second paper is based on a follow-up roundtable during which international Arbitration experts -- including university professors, arbitrators and attorneys -- from various jurisdiction discussed the emergence of third party funding of international Arbitration Proceedings, with a particular focus on the legal and ethical issues raised by this practice.
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le financement par les tiers des procedures d arbitrage international une vue d europe seconde partie le debat juridique third party funding of international Arbitration Proceedings a view from europe part ii the legal debate
2012Co-Authors: Maxi Scherer, Aren Goldsmith, Camille FlechetAbstract:Third party funding has become one of the ‘‘hot topics’’ in international Arbitration. More and more parties, whether in financial distress or not, explore the possibility of using funders to provide the necessary cash to pay for their lawsuit, allowing the funder to realise in return a percentage of the proceeds of the case (or multiple of costs financed), if successful. Third party funding thus shows similarities to certain forms of insurance contracts (where the insurer pays for the costs of the lawsuit, including, in certain cases, for the opposing party’s costs) and contingency fee arrangements (where the lawyer carries the costs of litigation in exchange for an interest in the proceeds of the case). The exact definition of third party funding, however, remains elusive and its legal and ethical implications in international Arbitration, mostly unexplored.This paper is the second part of a study that was carried out in the form of two roundtable discussions on the topic of third party funding in international Arbitration Proceedings. The first paper was published earlier in 2012 and focused on existing funding practices. This second paper is based on a follow-up roundtable during which international Arbitration experts -- including university professors, arbitrators and attorneys -- from various jurisdiction discussed the emergence of third party funding of international Arbitration Proceedings, with a particular focus on the legal and ethical issues raised by this practice.
Julius Cobbett - One of the best experts on this subject based on the ideXlab platform.
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Shareholders : is ArcelorMittal sustainable?
2013Co-Authors: Julius CobbettAbstract:Shareholder representatives questioned the sustainability of ArcelorMittal South Africa, at the company's recent Annual General Meeting. This came after the auditors, Deloitte, raised an emphasis of matter in their report. This had to do with the uncertain outcome of Arbitration Proceedings that will determine the price at which the steelmaker buys iron ore.
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Shareholders : is ArcelorMittal sustainable? : markets
2013Co-Authors: Julius CobbettAbstract:Shareholder representatives questioned the sustainability of ArcelorMittal South Africa, at the company's recent Annual General Meeting. This came after the auditors, Deloitte, raised an emphasis of matter in their report. This had to do with the uncertain outcome of Arbitration Proceedings that will determine the price at which the steelmaker buys iron ore.
Diego P. Fernández Arroyo - One of the best experts on this subject based on the ideXlab platform.
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Diversity and Integration in Private International Law - Private International Law and International Commercial Arbitration – A Dialogue about the Usefulness and Awareness of the Former for the Latter
Diversity and Integration in Private International Law, 2019Co-Authors: Giuditta Cordero-moss, Diego P. Fernández ArroyoAbstract:This chapter reproduces a keynote debate that took place at one of the conferences in Edinburgh in the context of the PILIM project. Diego Fernandez Arroyo and Giuditta Cordero-Moss discussed the role of private international law in international commercial Arbitration. They discuss the usefulness of conflict rules in Arbitration Proceedings, among other things where the parties have made a choice of law, examining also the limitations of choice of law clauses.