Costs in International Arbitration and Litigation: Top Tips for Managing “Claimant-Lawyer-Funder” Tri-Partite Relationship

January 31, 2018 9:15am


Noah Rubins
Head Global CIS/Russia Dispute Resolution Practice Group
Freshfields (France)

Eva Kalnina
Lévy Kaufmann-Kohler (Switzerland)

Artem Doudko
Partner & Head of Russia & CIS
Osborne Clarke (UK)

Ian Meredith
K&L Gates (UK)

  • What options exist to mitigate the Claimant’s cost risks: litigation funding; contingency fees; insurance
  • What type of cases are appropriate for third party funding and under what conditions?
  • Key risks counsel and their lawyers should consider when preparing a case for submission to a third party funder
  • The nuts and bolts of negotiating a funding agreement and any related contracts
  • By what means can investors participate in the process and to what extent?
  • What differences exist between Claimant and Defendant/Respondent funding?
  • What additional procedural matters should counsels consider?
  • Information disclosure to the Funder – are privileges or confidentiality likely to be an issue?
  • Disclosure of the existence/identity of funding, and related stock exchange disclosure
  • Jurisdiction matters
  • Attitude of arbitrators/judges towards funded Claimants, including conflict of interest questions