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Current Issues on Third-Party Funding in International Arbitration

**This is a previously recorded program, originally recorded on February 21, 2017.
The D.C. Bar's International Law Community's International Investment & Finance Committee invites you to attend the panel titled “Current Issues on Third-Party Funding in International Arbitration.”  Join our speakers Victoria Sahani, Associate Professor of Law at Washington and Lee University School of Law, Jeffery Commission, Senior Counsel at Vannin Capital, Pierre Amariglio, Senior Investment Officer at Tenor Capital Management LP, moderated by Judd Kessler, from Porter Wright LLP, to analyze, among other topics, the opportunities and challenges that arise in third-party funding arrangements, emerging structures for Third Party Funders (TPF), as well as recent treaty practice, and the boundaries between funders and other players (such as counsel or parties) in recent investor-state arbitrations.
In particular, this panel will focus on the following issues:
  • Definition of third-party funding;
  • Examination of recent treaty practice with reference to provisions on TPF and funder definitions;
  • Survey of various ways in which third-party funding agreements are being structured;
  • Review of some of the risks that arise in third-party funding agreements, e.g. financial risks, dispute resolution systemic risks, behavioral risks, and regulatory compliance risks;
  • Examination of the relationship between funders and other players: the funder as co-counsel, co-advisor or even co-claimant;
  • Survey of recent investor-state arbitrations where the funder has appointed one or more nominees to the board of directors of the funded company. Increasing availability of Arbitration Proceedings Award Default (APAD) Insurance;
This program was sponsored by the International Investment and Finance Committee of the D.C. Bar International Law Community. Cosponsored by the International Dispute Resolution Committee of the D.C. Bar International Law Community and the Inter-American Bar Association, D.C. Chapter.
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D.C. Bar member price: $40.00

Nonmember: $60.00

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