Time to make parties disclose their sources of funding

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Time to make parties disclose their sources of funding. / Tufte-Kristensen, Johan; Overgaard, Caroline.

In: Arbitration International, 06.08.2018.

Research output: Contribution to journalJournal articleResearchpeer-review

Harvard

Tufte-Kristensen, J & Overgaard, C 2018, 'Time to make parties disclose their sources of funding', Arbitration International.

APA

Tufte-Kristensen, J., & Overgaard, C. (2018). Time to make parties disclose their sources of funding. Manuscript submitted for publication.

Vancouver

Tufte-Kristensen J, Overgaard C. Time to make parties disclose their sources of funding. Arbitration International. 2018 Aug 6.

Author

Tufte-Kristensen, Johan ; Overgaard, Caroline. / Time to make parties disclose their sources of funding. In: Arbitration International. 2018.

Bibtex

@article{c3f8bed0ed2d483aa5d6e73a8b7759ab,
title = "Time to make parties disclose their sources of funding",
abstract = "An increasing number of arbitral proceedings involve sophisticated funding arrangements. Such arrangements may promote access to arbitration and entail a number of other advantages, but when they remain unknown to the arbitrators and the funded party’s opponents, they may give rise to a series of practical issues concerning, inter alia, costs and conflicts of interest. When a party has raised funding from a third-party funder, the arbitrators and opponents need to know about it. A series of practitioners and academics have contributed to the general field of third-party funding in arbitration. They have examined the prevalence of the phenomenon and identified the issues associated with it. However, only few have provided practical and operational solutions to these issues. The article explains how to solve the issues by way of disclosure. It examines the conse-quences of compelling a funded party to disclose its funding arrangements, and it examines how to adopt and construct a duty of disclosure in the most feasible manner. The article thereby con-tributes to the development of legal and institutional tools to tackle the issues associated with third-party funding in arbitration.",
keywords = "The Faculty of Law, arbitration, arbitrator, Third-party funding, Conflict of Interest, security for costs, Disclosure",
author = "Johan Tufte-Kristensen and Caroline Overgaard",
year = "2018",
month = "8",
day = "6",
language = "English",
journal = "Arbitration International",
issn = "0957-0411",
publisher = "Oxford University Press",

}

RIS

TY - JOUR

T1 - Time to make parties disclose their sources of funding

AU - Tufte-Kristensen, Johan

AU - Overgaard, Caroline

PY - 2018/8/6

Y1 - 2018/8/6

N2 - An increasing number of arbitral proceedings involve sophisticated funding arrangements. Such arrangements may promote access to arbitration and entail a number of other advantages, but when they remain unknown to the arbitrators and the funded party’s opponents, they may give rise to a series of practical issues concerning, inter alia, costs and conflicts of interest. When a party has raised funding from a third-party funder, the arbitrators and opponents need to know about it. A series of practitioners and academics have contributed to the general field of third-party funding in arbitration. They have examined the prevalence of the phenomenon and identified the issues associated with it. However, only few have provided practical and operational solutions to these issues. The article explains how to solve the issues by way of disclosure. It examines the conse-quences of compelling a funded party to disclose its funding arrangements, and it examines how to adopt and construct a duty of disclosure in the most feasible manner. The article thereby con-tributes to the development of legal and institutional tools to tackle the issues associated with third-party funding in arbitration.

AB - An increasing number of arbitral proceedings involve sophisticated funding arrangements. Such arrangements may promote access to arbitration and entail a number of other advantages, but when they remain unknown to the arbitrators and the funded party’s opponents, they may give rise to a series of practical issues concerning, inter alia, costs and conflicts of interest. When a party has raised funding from a third-party funder, the arbitrators and opponents need to know about it. A series of practitioners and academics have contributed to the general field of third-party funding in arbitration. They have examined the prevalence of the phenomenon and identified the issues associated with it. However, only few have provided practical and operational solutions to these issues. The article explains how to solve the issues by way of disclosure. It examines the conse-quences of compelling a funded party to disclose its funding arrangements, and it examines how to adopt and construct a duty of disclosure in the most feasible manner. The article thereby con-tributes to the development of legal and institutional tools to tackle the issues associated with third-party funding in arbitration.

KW - The Faculty of Law

KW - arbitration

KW - arbitrator

KW - Third-party funding

KW - Conflict of Interest

KW - security for costs

KW - Disclosure

M3 - Journal article

JO - Arbitration International

JF - Arbitration International

SN - 0957-0411

ER -

ID: 203604219