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Архив

ICC Bulgaria Seminar on Third Party Funding in Arbitration, 23.05.2014

На 23 Май 2014

Място на провеждане

Central Park Hotel, Sofia, Vitosha bul. 106

Описание

 

The seminar will cover the topic of third-party funding in international arbitration disputes. Third-party funding is a relatively new practice that typically involves a third party financing an arbitration for parties that wish to initiate international legal proceedings. 

The seminar will examine the topic of third-party funding from various perspectives, including those of third-party funders, parties, counsel, arbitrators and arbitral institutions.  In so doing, the seminar will aim to answer questions such as:

•    How do third-party funders operate, and what type of investments are they willing to make?
•    What are the key principles used by third-party funders to determine the realistic damages at stake?
•    What are the contractual and legal implications parties should bear in mind when negotiating contracts for third-party funding?
•    What legal and ethical issues arise in connection with third-party funding?        
•    How to these legal and ethical issues affect arbitral practice (e.g., disclosure requirements, cost allocation)?
•    What issues does third-party funding raise for the enforcement of arbitral awards?

Всички участници ще могат да закупят електронното издание "Third-Party Funding in International Arbitration" с 15% отстъпка от неговата редовна цена, чийто размер е 135.00 лева.   

Молим ако желаете да получите изданието да направите предварителна заявка ТУК.

Програма

Philip Dunham, Partner, Dechert (Paris) LLP

•    Introduction
- What is third-party funding ?
- The recent extension of third-party funding into international arbitration
- Who are the players in third-party funding ?
- An overview of the issues pertaining to third-party funding from the perspective of the funders, the funded parties and their attorneys

•    Third-party funding from the funded party’s perspective
-    When to, and why resort to third-party funding ?
-    What level of funding should be sought ?
-    Where to find the suitable funder ?
-    The funder’s compensation
-    The disclosure to be provided to the funder
-    The control (if any) to be exerted by the funder on the conduct of the arbitration
-    The grounds on which the funding agreement may be terminated
-    Whether to disclose the funding or not ?

Susan Dunn, Head of Litigation Funding

- What are the options for funding the costs of a dispute
-  What types of cases are suitable for litigation funding
-  What criteria do funders apply when assessing cases for funding

Maria Hauser-Morel, Counsel, ICC International Court of Arbitration

- Experience of the ICC Court with third-party funding
- Potential relevance for disclosure requirements
- Relevance to the issues of independence and impartiality
- Implications for the cost allocation

Erica Stein, lawyer and arbitrator

- Legal framework for enforcement
- Current enforcement issues:
     A. Generally
     B. In commercial v/ investment arbitration
     C. In civil law v/ common law jurisdictions
- Emerging issues
 

Основни лектори и панелисти

Maria Hauser-Morel, Counsel, ICC International Court of Arbitration

Maria Hauser-Morel is Counsel at the ICC International Court of Arbitration, where she is in charge of the case management team that handles matters involving parties mainly from Central and Eastern Europe.

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Erica Stein, lawyer and arbitrator

Erica Stein is an international arbitration specialist based in Dechert’s Brussels office.  Her practice covers both commercial and investment arbitration, where she has acted as counsel, arbitrator and tribunal assistant (clerk/référendaire) in numerous international arbitral proceedings (e.g., ICC, SCC, UNCITRAL, ICSID, CEPANI, SIAC).

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Susan Dunn, Head of Litigation Funding

Susan Dunn qualified as a solicitor in 1992. She has worked as a commercial litigator in both the United Kingdom and the United States where she was also a diplomat (Vice-Consul Investment), for the British Government.

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Philip Dunham, Partner, Dechert (Paris) LLP

Philip Dunham has concentrated his practice in international arbitration since 1992, having worked in London (1992 - 1995) and Paris (1995 - ). His principal activity has been acting as counsel in numerous international disputes, whether ad hoc (including under the UNCITRAL Rules), or under the rules of the International Chamber of Commerce (ICC), the London Court of International Arbitration (LCIA), the Arbitration Institute of the Stockholm Chamber of Commerce, or the International Centre for Settlement of Investment Disputes (ICSID).

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José-Manuel García Represa, Partner, Dechert (Paris) LLP

José-Manuel García Represa concentrates his practice on international commercial and investment arbitration, with a particular focus on cases involving Latin America and Spain. He represents parties in disputes involving oil & gas, mining, post-M&A purchase price adjustments, joint ventures, insurance coverage, sales and distribution contracts, construction contracts (civil engineering), and investment disputes. Mr. Garcia Represa also serves as an arbitrator in such proceedings. 

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Assen Alexiev, partner, Sabev and partners law firm, arbitrator and domain name panelist in WIPO, ICC, KLRCA, Czech Arbitration Court, ACDR, Member of the ICC International Court of Arbitration, European trademark attorney

Sirshar Qureshi, PwC|CEE, Russia & CIS Forensic Regional Leader

Sirshar Qureshi is the forensic services leader for PwC in Central & Eastern Europe, Russia and CIS. He has specialised in forensic services for over 17 years and his experience covers many aspects of accounting and financial matters, including loss of profits claims, construction claims, claims arising following acquisitions and sales of businesses, insurance claims, fraud prevention, integrity due diligence  and financial investigation. 

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