Categories: NAB News

Litigation Funding: Are These Costs Recoverable in Arbitration?

The use of third parties to fund plaintiffs’ legal and litigation expenses (“litigation funding”) is becoming an increasingly common practice in Europe and the United States, and has been used in Australia for many years. As the litigation funding industry has grown and evolved, it is becoming more common in arbitration. Indeed, there are some litigation funding companies that limit their investments to cases that are being arbitrated rather than tried in a country’s court system. Thus, arbitrators are being increasingly asked to award litigation funding expenses as costs.

READ THE FULL ARTICLE ON THE AMERICAN BAR ASSOCIATION WEBSITE.

By Jim Reiman May, 22, 2017 (originally published by the American Bar Association’s Section of Litigation, Alternative Dispute Resolution Committee – see full link above)

Published by

Recent Posts

Discovery Under §1782 by Lionel M. Schooler, FCIArb Jackson Walker LLP1

Introduction. In In Re Ex Parte Application for Order to Take Discovery Pursuant to 28…

3 weeks ago

“Mexico’s Judiciary Overhaul: Charting New Horizons for Arbitration” – A Live Panel Discussion & Lunch

CIArb NAB, in partnership with Curtis, Mallet-Prevost, Colt & Mosle and the Houston International Arbitration…

4 weeks ago

Building Success: Strategies for Arbitrators to Secure Cases and Advance

An Interview with Ms. Serena K. Lee, President & CEO of the International Institute for…

2 months ago

Proposition to Amend the By-Laws and Require Study about Possible Further Revision Next Year

This proposition is intended to: (a) remove any question about whether Annex 2 to the…

2 months ago

Do You Have the Authority?

by Lionel M. Schooler, FCIArb Jackson Walker LLP1 Introduction. In Doraleh Container Terminal S.A., v.…

2 months ago

We Are Open For Business

Introduction. In NextEra Energy Global Holdings B.V. v. Kingdom of Spain, ___ F.4th ___, 2024…

3 months ago