Third Party Funding in International Arbitration

Rezensionen / Stimmen

'Third Party Funding in International Arbitration: A Critical Appraisal and Pragmatic Proposal provides its readers with substantially more than an overview of third-party funding. Sweify's work is an invaluable contribution towards an understanding of the challenges that funding poses to the normative goals of arbitration-access to justice, due process, and party control.' -- - Nilufar Hossain, ITA in Review 'M.F. Sweify's book undoubtedly provides a much-needed critical assessment of TPAF. This is not only because it contradicts what arbitration claims to be (a form of justice), but also because it directly undermines the way arbitration has been designed, as la chose des parties.' -- Amina Hassani, Revue Critique de droit international prive (RCDIP) 'The past two decades have witnessed a sea change in the third-party funding of claims submitted to arbitration, both domestic and international. That evolution is reflected in Dr. Sweify's sophisticated understanding of the forces driving the expansion of and innovation in the third-party funding market. His well-organized and clearly written monograph not only identifies the myriad policy and legal issues involved in third-party funding across different jurisdictions, it also provides an insightful analysis of the financial, economic, and legal factors that underlie funders' risk assessment of claims and how that risk is managed. His book deserves a prominent place in the libraries of scholars, practitioners, financiers, after-the-event insurers, amongst other stakeholders.' -- Arif Hyder Ali, Dechert LLP. Washington, D.C., US 'Dr. Mohamed Sweify' s excellent monograph takes us beyond the original questions that first animated debates about third-party funding in international arbitration (TPAF). In this thoughtful and well-written work, Sweify identifies and addresses what might be called a "new generation" of questions about TPAF. In this work, he not only raises questions, but also offers meaningful, practical solutions. In this aim, he seeks to develop a new methodology to analyze the key issues, proposes alternative means for structuring TPAF, and makes a renewed call for intelligent regulation in the field. This book is crucial reading for arbitration practitioners, policymakers, and funders themselves, whether they are likely to agree or need to respond to the points the book raises.' -- Catherine Rogers, Universita Bocconi, Italy 'With the rise in third party funding in international arbitration it has become a subject with which every practitioner and arbitrator must become familiar. Professor Sweify has penned a remarkably cogent and comprehensive book that also flags the issues and offers new and interesting perspectives on solutions. It should be on every bookshelf.' -- Edna Sussman, Arbitrator, FCIArb; Distinguished Practitioner in Residence, Fordham Law School US