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THE HUNT FOR FUNDING

My experience, first hand, from hunting for a third party funder was different than I had anticipated. I have been researching this newer field for some time now and have entered some previous posts...

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How and How? The two most commonly asked questions

I am frequently approached by young up and coming lawyers who want to break into the international arbitration arena or seasoned veterans seeking to make a transition into this dynamic and culturally...

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To disclose or to not disclose – That is the question. Insight from:...

A central concern the in the third party funding arena is: Whether or not parties who are funded by a third party funder should be obligated to disclose this funding relationship. Looking at a recent...

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CONFIDENTIALITY: Not To Be Overlooked When Drafting the Arbitration Clause

Over the years, many arguments have been made for what are truly the benefits of international arbitration over local litigation. There are many factors that are listed and ensuing arguments over their...

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The ICC will host its Seventh Annual Conference in September – to consider...

On September 10, 2012, The International Chamber of Commerce (“ICC”) in New York will be hosting the seventh annual conference. Located in New York City, the ICC Conference will be looking at...

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Yukos Oil Wins with Good Samaritan Third Party Funder’s Help?

The saga with Yukos Oil and its nationalization – and the effects on its various related entities – has been ongoing for quite some time. As reported in the news of late (see e.g. Business Wire.com and...

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The ICC New York Conference: Releasing a New Report

Last Monday I was honored with the opportunity to serve as one of the speakers for the annual ICC New York Conference. With an overflowing turnout and impressive list of panelists, it was a successful...

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NAI Jong Oranje Hosts Third-Party Funding Event

On September 27, 2012, the Netherlands Arbitration Institute’s Jong Oranje group was fortunate enough to host an event on third-party funding. Yes, a common and hot topic these days and certainly not...

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Why not give the clients what they want?

There are many clients who are often engaged in industrious works that result in disputes. Typically, the applicable arbitral agreements requirement submitting claims to international arbitration and,...

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LIABILITY OF COUNSEL IN INTERNATIONAL ARBITRATION: Any Changes?

A week ago today, it was my privilege to participate in the annual UNCITRAL/VIAC/YAAP Joint Conference, addressing hot topics in international arbitration. The conference successfully considered many...

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US Supreme Court Denies Cert for Lloyds v Lagstein

Lisa Bench NieuwveldOn Monday, December 13, 2010, the United States Supreme Court denied cert for Certain Underwriters at Lloyd’s, London v. Lagstein, and in so doing denied the opportunity to further...

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Choosing the Weathered Veteran or the Young Buck?

Lisa Bench NieuwveldWe have all seen it before. The same names, the same faces are chosen consistently to act as arbitrators. Is it bad? No, but it certainly occurs. The same names are respected,...

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A Chance to Discuss Proposed or Published Changes to Key Arbitration Rules

Lisa Bench NieuwveldThe International Chamber of Commerce Court of Arbitration (the ICC) is the largest arbitral institute. In addition, its Rules of Arbitration (the Rules) greatly influence the...

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The European Advocate General Supports BIT Obligations in EC v. Slovakia Case

Lisa Bench NieuwveldOn March 15, 2011 the Advocate General (“AG”) issued its opinion on an interesting matter which considers the relationship between EU law, a contract preceding the Republic of...

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Oral Hearing and Party-Appointed Arbitrators: Guess?? Yep! That’s Who...

Lisa Bench NieuwveldIt is interesting to see what can happen sometimes during an oral hearing for an arbitral proceeding. I have noted from my esteemed colleagues that they have witnessed a very...

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Egypts Unrest – Dubai’s Moment of Opportunity?

Lisa Bench NieuwveldJanuary 28, 2011 – violent protests rocked Egypt; February 2, 2011 – political anxiety and ongoing unrest in Egypt threaten to shake other economies; February 11, 2011 – Mubarak...

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Third Party Funding – Investment of the Future?

Lisa Bench NieuwveldThird party funding is currently receiving a lot of attention in the international arbitration community. An ethical topic for sure, third party funding can provide the financing...

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Third Party Funding – Maintenance and Champerty – Where is it Thriving?

Lisa Bench NieuwveldThird party funding probably has its longest history in Australia, followed by the United Kingdom. The irony is that both of these are common law jurisdictions in which the legal...

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What do the Clients Want – International Litigation or International...

Lisa Bench NieuwveldIs the international litigation gaining strength over international arbitration? Is it true that in-house counsel would rather fight it out in the courts of the country versus...

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Women in Arbitration: Lots of Talk, Any Changes?

Lisa Bench NieuwveldOccasional articles, postings, etc come out which discuss the lack of female representation in international arbitration. Perhaps possible reasons are suggested, perhaps only...

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