New options for funding
      international arbritation 

November 7th, from 7.30 to 9.00 am
The Ritz Carlton, Salon III, One Lincoln Road, Miami Beach, Florida

Businesses have developed a significant interest in arbitration over recent years, and in cases of complex international disputes it is becoming the dispute resolution mechanism of first choice.

Managing the costs associated with a complex international arbitration may however deter a business, even in cases where they believe that they have good chances of success. The high costs and potential risks of a major case may lead them to abandon even their most promising claims.

A potential solution, which is growing in popularity around the world, is the financial support available from the emerging group of specialist litigation and arbitration funders.

This meeting will provide one of the first forums where leading arbitration experts can share their views on Third Party Funding (TPF) and share their views and experiences of its development within the Latin American context.

Key issues to be addressed include:

• Professional and ethics issues (such as champerty, confidentiality and lawyers’ duty to avoid interference with their independent professional judgment);

• The potential impact on the attorney-client relationship, attorney-client privilege, as well as conflicts of interest among the participants;

• Operational challenges such as the role and responsibilities of the lawyer, the different structures available for funding, the various financial products and services available;

• The role of the funder throughout the case, is it “hands-on” versus “hands-off”.

Participants will debate the following issues:

1. What has been the role of TPF in international commercial and investment arbitration to date?

2. Why are international commercial and investment arbitrations attractive for TPF?

3. What is the typical financial structure for TPF?

4. What are the criteria used by providers to select the cases for TPF?

5. What are the respective roles of theTPF provider and the legal representatives in a case with TPF, and what co-ordination is required between them?

6. Is TPF available to respondents, and in particular to State party respondents?

7. In what ways might TPF change international commercial and investment arbitration as we know it today?

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