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Third party funding (TPF), where specialist companies help finance a client's legal fees in exchange for a share of the final award, is becoming increasingly prevalent in international arbitration. This work provides a comprehensive practitioner guide to the law and practice of international arbitration where third party funding is involved, with detailed reference to existing cases, procedural orders, and final awards. The book is comprised of five parts, together covering the life cycle of a funder's involvement in an arbitration: background, case assessment, key terms of the funding agreement, the conduct of the arbitration, and the award. The authors include references to relevant landmark decisions of national courts addressing third-party funding issues in arbitrations, and an appendix provides a list of all known funded investor-state cases, with comprehensive details about the identity of the funder, the dispute, the duration, the cost, and the result. As the discussion of TPF in arbitration continues to be of vital importance in the field, it is imperative that all international arbitration practitioners have access to a balanced, multi-faceted view of the practice and its issues. This book provides much-needed guidance suitable for all practioners and students.
About the Author
Jeffery Commission, Director, Burford Capital, and Yasmin Mohammad, Managing Director, Vannin Capital. Yasmin Mohammad is Managing Director at Vannin Capital in Washington, DC. Prior to joining Vannin, Yasmin advised both private and sovereign clients with the international law firm, Freshfields Bruckhaus Deringer, one of the world's leading international arbitration practices. She has acted as counsel under various rules including ICC, LCIA, UNCITRAL, ICSID, and CEPANI across numerous jurisdictions. Yasmin is a regular speaker at industry conferences and contributes to leading publications and journals. Jeffery Commission is an expert in investment treaty arbitration and international commercial arbitration, he has been counsel in multi-billion dollar bilateral investment treaty arbitrations under the ICSID and UNCITRAL arbitration rules, and international commercial arbitration proceedings under ICC, LCIA, and NAI arbitration rules. He has worked at Vannin Capital, Freshfields, Shearman & Sterling, and Linklaters and frequently speaks at international conferences on investment law issues, including those of the American Society of International Law and the British Institute of International and Comparative Law.