Costs in International Arbitration and Litigation: Top Tips for Managing “Claimant-Lawyer-Funder” Tri-Partite Relationship
Moderator
Noah Rubins
Head Global CIS/Russia Dispute Resolution Practice Group
Freshfields (France)
Eva Kalnina
Counsel
Lévy Kaufmann-Kohler (Switzerland)
Artem Doudko
Partner & Head of Russia & CIS
Osborne Clarke (UK)
Ian Meredith
Partner
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