expert guidance and resources for dispute ... - icc panama

ExpErt GuidancE and rEsourcEs For

disputE rEsolution practitionErs

Summ

aries of UA

E Courts’ Decisions on A

rbitration

Summaries of

on Arbitration

UAE COURTS’DECISIONS

Edited by: Hassan Arab Lara Hammoud Graham Lovett

Third-party Funding in International Arbitration

Dossier X: Third-party Funding in International A

rbitration

ICC Publication: 752EISBN: 978-92-842-0202-7

ICC Business Bookstorewww.iccbooks.com

The last decade has seen an exponential growth in both international commercial arbitration and international investment arbitration. Nevertheless, arbitration proceedings can prove to be very costly, and their funding raises the delicate question of the accessibility of arbitration.

The solution offered by third-party funding has undoubtedly become a fact of life in the world of arbitration, despite reservations in some quarters. Although continental countries continue to regard it with suspicion, Anglo-Saxon countries have embraced this solution and have already built up a body of experience in the field. This publication considers the various funding techniques specific to international arbitration before looking at some of the legal issues raised by such funding and the reactions it may arouse among international arbitration practitioners.

This publication is the ICC Institute of World Business Law’s latest contribution to its Dossier series on new practices in international arbitration and is inspired by the wish to see those practices develop in a way that is compatible with the basic principles that ensure all parties’ rights.

The contributions in Dossier X: Third-party Funding in International Arbitration tackle these issues from the point of view of arbitrators, counsel, corporate lawyers and arbitral institutions and draw on the knowledge and experience of some of today’s leading experts in the field of arbitration.

The contributors to this Dossier include:n Georges Affakin Christopher Bogartn Régis Bonnann Antonio Crivellaron Eckhard Hellbeck

n Mark Kantorn Charles Kaplann Carolyn Lammn Laurent Lévyn Angelynn Meya

n Selvyn Seideln Maxi Scherern Sandra Sherman

Dossier X: Third-party Funding in International Arbitration is published under the auspices of the ICC Institute of World Business Law, chaired by Yves Derains. Through this latest publication, the ICC Institute of World Business Law continues to fulfil its dual mission of providing training and acting as a think-tank for the International Chamber of Commerce, particularly in the field of arbitration.

The International Chamber of Commerce, the World Business Organization, based in Paris, is the global leader in the development of standards, rules and reference guides for international trade.

Third-party Funding in International Arbitration

Edited by Bernardo M. Cremades, Antonias Dimolitsa

D O S S I E R SICC Institute of World Business Law

2 | ICC Expert Guidance and Resources ICC Expert Guidance and Resources | 3

the secretariat’s Guide to icc arbitrationa practical commentary on the 2012 icc rules of arbitration from the secretariat of the icc international court of arbitrationICC Pub. No. 729E

The indispensable companion to the 2012 ICC Rules of Arbitration. Written by former top-level executives of the ICC Court, this authoritative guide provides clear, in-depth commentary, statistics and comparisons. It shows you how the rules are used by the ICC Court, its Secretariat, arbitrators and parties and gives practical tips on how to conduct proceedings efficiently.

summaries of uaE courts’ decisions on arbitrationICC Pub. No. 746E

Since the UAE’s accession to the New York Convention in 2006, there has been an increasing need within the arbitration community for easy access to UAE jurisprudence. This collection provides insight into how arbitration works and how it is treated by the judiciary in the United Arab Emirates (UAE). A helpful tool for lawyers, arbitrators and other professionals involved in UAE related arbitration proceedings.

collection of icc arbitral awards 2008-2011ICC Pub. No. 748EF

The most complete collection of ICC Arbitral Awards rendered between 2008 and 2011, this collection contains texts in French and English. In addition to providing a wealth of information in a highly accessible manner, it includes case notes and expert commentaries on the awards. Three useful indexes in French and English help you find your way around quickly and easily.

Handbook of icc arbitrationICC Pub. No. 977E

The Handbook of ICC Arbitration reviews the first two years’ practice under the 2012 ICC Rules on Arbitration. The authors provide an expert rule-by-rule analysis of the 2012 Rules based on first-hand experience as arbitrators, counsel and ICC Court members. Invaluable companion for arbitration and ADR practitioners, international litigation lawyers, in-house lawyers and National Governments alike, this publication provides in one volume what is needed to conduct an ICC arbitration wherever it may be held.

third-party Funding in international arbitrationdossier x of the icc institute of World Business law

ICC Pub. No. 752E

This publication gives an overview of the various funding techniques specific to international arbitration. It also analyzes some of the legal issues raised by such funding and the reactions it may arouse amongst practitioners. To give you a complete picture of challenges and opportunities of third-party funding, this vital reference for any practitioner and academic includes points of view of financiers, funders, arbitrators and counsel.

players’ interaction in international arbitrationdossier ix of the icc institute of World Business law

ICC Pub. No. 737E

Arbitral procedures are becoming longer, costlier and more complex. How can the different ‘players’ involved ensure that the proceedings remain efficient, harmonious and respectful of the parties’ rights? Leading experts discuss this and other questions, taking into account the points of view of all ‘players’ concerned: arbitrators, counsel, corporate lawyers and arbitral institutions.

is arbitration only as good as the arbitrator?dossier Viii of the icc institute of World Business law

ICC Pub. No. 741E

Invaluable companion for practitioners and scholars alike, this publication looks at the relationship between the qualities of the arbitrators and the arbitrators’ “work-products”, namely the award and the arbitral process itself. Leading experts discuss issues such as clashes between arbitrator and litigants, arbitral discrimination under English and EU law or the arbitrator’s relation with third parties.

Multiparty arbitration dossier Vii of the icc institute of World Business law

ICC Pub. No. 701E

Arbitral procedures are becoming more complex as commercial transactions begin to take place in an ever-increasing interdependent world. How can the several parties involved in multiparty contracts and proceedings be harmonized and handled in the interests of the best administration of justice? This Dossier seeks to encourage reflection on complex multiparty, multi-contract arbitrations.

INTERNATIONALCHAMBER OF COMMERCE

The world business organization


Written Evidence and discovery in international arbitration dossier Vi of the icc institute of World Business law

ICC Pub. No. 698E

This Dossier seeks to encourage reflection on future practice in relation to documentary evidence in international arbitration, looking for transnational solutions capable of striking a proper balance between efficiency and fairness. It tackles relevant issues including fraud, forgery, confidentiality and privilege.

interest, auxiliary and alternative remedies in international arbitration dossier V of the icc institute of World Business law

ICC Pub. No. 684E

How can the quick and effective enforcement of awards be guaranteed in arbitral practice? The aim of this publication is to provide the reader with solutions on how to control the impact of time between the occurrence of the damage and its full compensation. Renowned arbitration professionals Antonias Dimolitsa, John Beechey, Andrea Giardina, John Yukio Gotanda, Grabrielle Kaufmann-Kohler, Alexis Mourre and V.V. Veeder, amongst others, give their own perspective on a wide range of topics related to remedies (contractual remedies, judicial penalties, specific performance) and interest (issue of applicable law, comparative approaches, interest in arbitration practice).

Evaluation of damages in international arbitration dossier iV of the icc institute of World Business law ICC Pub. No. 668E, e-book

This publication provides the reader with a comprehensive overview of the difficulties encountered by arbitrators, governments and international organizations in calculating the amounts of recoverable damages in cases of international arbitration. Written by expert arbitrators and practitioners, the book covers vital issues arising from determining recoverable damages and proposes practical solutions for resolving them.

parallel state and arbitral procedures in international arbitration dossier iii of the icc institute of World Business law

ICC Pub. No. 692E, e-book

This Dossier gives the reader a thorough picture of the practical issues raised by the conflicts arising when there is more than one arbitration and when commercial arbitrations run in parallel with state legal procedures. This indispensable guide for arbitrators, lawyers and anyone with an interest in arbitration procedures includes points of view of expert arbitrators and practitioners.

arbitration and oral Evidence dossier ii of the icc institute of World Business law


This publication includes contributions by well-known and respected practitioners on the key issue of “Arbitration and Oral Evidence”. The aim is to give the reader a thorough picture of the practical issues raised by the oral presentation of evidence and to present a balanced series of solutions to the problems involved.

Money laundering, corruption and Frauddossier i of the icc institute of World Business law


This Dossier addresses the questions and problems raised for legal practitioners by money laundering, fraud and bribery. It describes the action taken by professionals to detect and combat such activities, discusses the key issue of evidence, and considers whether arbitrators have a duty to report cases of corruption.

The book contains eight authoritative papers covering legal instruments, regulatory matters, case law and the emergence of an international public policy banning bribery. Together, they form a comprehensive survey that remains relevant today.


icc international court of arbitration BulletinFounded in 1990, the Bulletin is recognized worldwide as invaluable to anyone interested in international commercial arbitration and other methods of dispute resolution. It contains extracts from awards rendered in ICC cases, reports and notes essential to ICC arbitration practitioners, and articles on aspects of arbitration procedure and developments in arbitration law across the world. Multilingual (English, French, Spanish), the Bulletin appears three times a year (two regular issues and a supplement).

to subscribe to the Bulletin, please contact your national committee.

Bulletin supplements

tackling corruption in arbitrationICC Pub. No. BUL24SUP

In commercial transactions that are alleged or appear to conceal corruption, the greatest challenge will be to prove its existence. This 2013 Bulletin Supplement contains extracts from awards rendered between 2001 and 2009 in ICC cases where corruption was at issue. They illustrate situations in which arbitral tribunals have or have not found evidence of corruption, the criteria on which such findings were based and the remedies applied. Three accompanying articles provide commentary on these and other awards, discuss the use of circumstantial evidence in relation to corruption, and take stock of the international fight against this worldwide scourge.

icc Guide to national procedures for recognition and Enforcement of awards under the new York conventionICC Pub. No. 733

This Bulletin Supplement systematically sets out local rules of procedure, case law and court practices in many of the Contracting States to the New York Convention. Now in its second edition, the Guide covers 79 countries and territories and provides information on the courts with jurisdiction over recognition and enforcement proceedings, the evidence they require, applicable statutes of limitation, conditions under which proceedings may be stayed, available appeal procedures, the confidentiality of recog-nition and enforcement proceedings, and the types of awards that may be recognized and enforced. A practical resource for anyone considering enforcing an arbitral award in one or more countries.

interim, conservatory and Emergency Measures in icc arbitrationICC Pub. No. 705

The 2012 ICC Rules of Arbitration added the option of an emergency arbitrator to the existing provisions for conservatory and interim measures. This 2011 Bulletin Special Supplement contains articles on the ICC emergency arbitrator procedure and extracts from ICC arbitral awards showing how arbitrators ruled on requests for interim and conservatory measures under the 1988 and 1998 Rules. The awards illustrate the kinds of measures that have been ordered, in what circumstances, the form of the decisions, their enforceability and the concurrent powers of arbitral tribunals and state courts to order such measures.

online tools

icc arbitration online training8 hour online training course on ICC Arbitration. The course�� provides an overview of arbitration as a method of dispute resolution;�� shows how the ICC International Court of Arbitration and its Secretariat operate;�� examines the application of the 2012 ICC Rules of Arbitration.

www.iccwbo.org/onlinetraining

icc dispute resolution libraryThis dynamic and searchable online library puts over a thousand documents from ICC publications on arbitration and dispute resolution at your fingertips, wherever you are and whenever you need them. It includes awards, commentaries, reports, rules, articles, the ICC International Court of Arbitration Bulletin, the Secretariat’s Guide to ICC Arbitration, the Dossiers of the ICC Institute of World Business Law and much more. An indispensable resource for today’s fast-moving, digitized world. More information at www.iccdrl.com

expert guidance and resources for dispute ... - icc panama

Documents