國立虎尾科技大學 |

Third-party funding in investment arbitration = a new player in the system /

紀錄類型:	書目-語言資料,印刷品 : Monograph/item
正題名/作者:	Third-party funding in investment arbitration/ by Can Eken.
其他題名:	a new player in the system /
作者:	Eken, Can.
出版者:	Cham :Springer International Publishing : : 2024.,
面頁冊數:	x, 237 p. :ill., digital ; : 24 cm.;
Contained By:	Springer Nature eBook
標題:	International Economic Law, Trade Law. -
電子資源:	https://doi.org/10.1007/978-3-031-63620-2
ISBN:	9783031636202

Third-party funding in investment arbitration = a 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

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

882440
International Economic Law, Trade Law.

LC Class. No.: K124.T55

Dewey Class. No.: 347.09

Third-party funding in investment arbitration = a new player in the system /
LDR:03332nam a2200337 a 4500 001 1134183
003 DE-He213
005 20240720125246.0
006 m d
007 cr nn 008maaau
008 241213s2024 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 1455501
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 : $c 2024. $b Springer International Publishing : $b Imprint: Springer,
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 1 4 $a International Economic Law, Trade Law. $3 882440
650 0 $a Arbitration and award. $3 646256
650 0 $a Investments $x Law and legislation. $3 869097
650 0 $a Third party litigation funding. $3 1141636
710 2 $a SpringerLink (Online service) $3 593884
773 0 $t Springer Nature eBook
830 0 $a Law for professionals. $3 1429356
856 4 0 $u https://doi.org/10.1007/978-3-031-63620-2
950 $a Law and Criminology (SpringerNature-41177)