Negotiating Third Party Funding Agreements

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Publisher :
ISBN 13 :
Total Pages : 54 pages
Book Rating : 4.:/5 (13 download)

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Book Synopsis Negotiating Third Party Funding Agreements by : Alexey Bardin

Download or read book Negotiating Third Party Funding Agreements written by Alexey Bardin and published by . This book was released on 2018 with total page 54 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Third-Party Funding in International Arbitration

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Publisher : Kluwer Law International B.V.
ISBN 13 : 9041161120
Total Pages : 330 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Third-Party Funding in International Arbitration by : Lisa Bench Nieuwveld

Download or read book Third-Party Funding in International Arbitration written by Lisa Bench Nieuwveld and published by Kluwer Law International B.V.. This book was released on 2016-04-24 with total page 330 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the first edition of this invaluable book in 2012, third-party funding has become more mainstream in international arbitration practice. However, since even the existence of a third-party funding agreement in a dispute is often kept secret, it can be difficult to glean the specifics of successful funding agreements. This welcome book, now updated, expertly reveals the nuances of third-party funding in international arbitration, examines the phenomenon in key jurisdictions, and provides a reliable resource for users and potential users that may wish to tap into and make use of this distinctive funding tool. Focusing on Australia, the United Kingdom, the United States, Germany, the Netherlands, Canada, and South Africa, the authors analyze and assess the legal regime based upon legislation, judicial opinions, ethics opinions, and practitioner anecdotes describing the state of third-party funding in each jurisdiction. In addition to updating summaries of the law of the various jurisdictions, the second edition includes a new chapter addressing third-party funding in investor-state arbitration. Among the issues raised and examined are the following: · payment of adverse costs; · “Before-the-Event” (BTE) and “After-the-Event” (ATE) insurance; · attorney financing: pro bono representation, contingency representation, conditional fee arrangements; · loans; · ethical doctrines affecting the third-party funding industry; · possible future bundling, securitization, and trading of legal claims; · risk that the funder may put its own interests ahead of the client’s interests; and · whether the existence of a funding agreement must or should be disclosed to the decision maker. The second edition also includes discussion of recent institutional developments as they relate to third-party funding, including the work of the ICCA-Queen Mary Task Force on Third-Party Funding and how third-party funding is being incorporated into arbitral rules and investment treaties. Ably providing a thorough understanding of what third-party funding entails and what legal parameters exist, this book will be of compelling interest to parties aiming to take advantage of the high values, speed, reduced evidentiary costs, outcome predictability, industry expertise, and high award enforceability characteristic of the third-party funding arrangements available in international arbitration.

Third Party Funding in International Arbitration

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Publisher : Edward Elgar Publishing
ISBN 13 : 1802208836
Total Pages : 247 pages
Book Rating : 4.8/5 (22 download)

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Book Synopsis Third Party Funding in International Arbitration by : Mohamed F. Sweify

Download or read book Third Party Funding in International Arbitration written by Mohamed F. Sweify and published by Edward Elgar Publishing. This book was released on 2023-02-14 with total page 247 pages. Available in PDF, EPUB and Kindle. Book excerpt: The author of Third Party Funding in International Arbitration challenges the structural inconsistencies of the current practices of arbitration funding by arguing that third party funding should be a forum of justice, rather than a forum of profit. The author introduces a new methodology with an alternative way of structuring third party funding to solve a set of practical problems generated by the risk of claim control by the funder.

Getting to Yes

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Publisher : Houghton Mifflin Harcourt
ISBN 13 : 9780395631249
Total Pages : 242 pages
Book Rating : 4.6/5 (312 download)

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Book Synopsis Getting to Yes by : Roger Fisher

Download or read book Getting to Yes written by Roger Fisher and published by Houghton Mifflin Harcourt. This book was released on 1991 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt: Describes a method of negotiation that isolates problems, focuses on interests, creates new options, and uses objective criteria to help two parties reach an agreement.

Third Party Litigation Funding

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Publisher :
ISBN 13 : 9780198715924
Total Pages : 0 pages
Book Rating : 4.7/5 (159 download)

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Book Synopsis Third Party Litigation Funding by : Nicholas Rowles-Davies

Download or read book Third Party Litigation Funding written by Nicholas Rowles-Davies and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The use of third-party funding in the UK has been increasing and has moved into the mainstream as a funding option for clients involved in litigation, particularly following on from the positive endorsement of litigation funding by Lord Justice Jackson in his Review of Civil Litigation Costs where he said: 'I remain of the view that, in principle, third-party funding is beneficial and should be supported.'. This has now culminated in the formation of the Association of Litigation Funders to monitor compliance and the launch of the Code of Conduct for those funding in England and Wales. This practical guide to litigation funding provides the first comprehensive one-stop third-party funding reference to help practitioners in preparation for seeking funding and in their decision making. It examines the impact of the Jackson Reforms and Damages Based Agreements as well as the Code of Conduct and the Association of Litigation Funders. It would also include practical examples and a review of notable cases, including the important decisions of Gulf Azov Shipping, Arkin, London & Regional and Merchantbridge and their impact on funders, solicitors, and clients.

Third-party Funding in International Arbitration

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Publisher : Kluwer Law International
ISBN 13 : 9789041161000
Total Pages : 0 pages
Book Rating : 4.1/5 (61 download)

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Book Synopsis Third-party Funding in International Arbitration by : Bernardo María Cremades

Download or read book Third-party Funding in International Arbitration written by Bernardo María Cremades and published by Kluwer Law International. This book was released on 2015-04-13 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book, expertly revealing the nuances of third-party funding in international arbitration, examines the phenomenon in key jurisdictions around the world and provides a reliable resource for users and potential users that may wish to tap into and make use of this distinctive funding tool. 0The authors analyze and assess the legal regime in a variety of countries based upon legislation, judicial opinions, ethics opinions, and practitioner anecdotes describing the state of third-party funding in that jurisdiction. They describe how courts and legislative bodies around the world have thus far handled the major ethical issues and concerns that affect the practice of third-party funding.

Model Rules of Professional Conduct

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Publisher : American Bar Association
ISBN 13 : 9781590318737
Total Pages : 216 pages
Book Rating : 4.3/5 (187 download)

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Book Synopsis Model Rules of Professional Conduct by : American Bar Association. House of Delegates

Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

3rd Party Litigation Funding Agreements and Derivatives Mis-Selling Risk

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Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (13 download)

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Book Synopsis 3rd Party Litigation Funding Agreements and Derivatives Mis-Selling Risk by : Rupert Macey-Dare

Download or read book 3rd Party Litigation Funding Agreements and Derivatives Mis-Selling Risk written by Rupert Macey-Dare and published by . This book was released on 2018 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: 3rd party litigation funding agreements are a new solution to a traditional problem of how can impecunious potential litigants nevertheless still fund their positive NPV legal claims?These agreements can help complete a particular missing market for litigation funding and also remedy a specific market failure that has historically created a litigation access bias in favour of larger, richer parties, often defendants.3rd party litigation funding agreements can also provide a channel for more sophisticated but risk averse litigants to trade-off and offset some of their litigation cost risk‎ on specific cases or case portfolios.However, lurking just below the surface, 3rd party litigation funding agreements are also typically complex, bespoke, OTC derivatives, with opaque payoff profiles under different potential case outcome scenarios. If a case is successful then damages awarded are typically split on a zero-sum game basis according to the funding agreement contract between the successful litigant and their 3rd party funder. This prospect creates an inherent perverse incentive for the 3rd party litigation funder not to highlight particular scenarios where they receive the lion's share of damages awarded and the litigant is left with the leftovers.In such a case there is a clear risk that the disgruntled litigant will subsequently follow up with a 3rd party funding agreement mis-selling claim against both the funder and their lawyers, analogous to recent derivatives and swaps mis-selling claims. This paper shows how lawyers can best set out and explain the risk-return profiles of alternative 3rd party litigation funding agreements‎, and help protect their clients from inappropriate or sub-optimal agreements, and in the process also prudently protect themselves from follow-on 3rd party litigation funding mis-selling claim risk and costs.

The Third Party Litigation Funding Law Review

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Publisher :
ISBN 13 : 9781838620769
Total Pages : pages
Book Rating : 4.6/5 (27 download)

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Book Synopsis The Third Party Litigation Funding Law Review by : Leslie Perrin

Download or read book The Third Party Litigation Funding Law Review written by Leslie Perrin and published by . This book was released on 2019 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Negotiation

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Publisher : SAGE
ISBN 13 : 9780803948501
Total Pages : 228 pages
Book Rating : 4.9/5 (485 download)

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Book Synopsis Negotiation by : Lavinia Hall

Download or read book Negotiation written by Lavinia Hall and published by SAGE. This book was released on 1993 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: Comprises a collection of papers discussing the issue of negotiation. Presents a set of ideas, organized around frameworks for improving negotiation; the challanges to applying these ideas in organizational settings; and some analysis of individual behaviour in negotiation.

3-d Negotiation

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Publisher : Harvard Business Press
ISBN 13 : 1422143449
Total Pages : 304 pages
Book Rating : 4.4/5 (221 download)

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Book Synopsis 3-d Negotiation by : David A. Lax

Download or read book 3-d Negotiation written by David A. Lax and published by Harvard Business Press. This book was released on 2006-08-24 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: When discussing being stuck in a "win-win vs. win-lose" debate, most negotiation books focus on face-to-face tactics. Yet, table tactics are only the "first dimension" of David A. Lax and James K. Sebenius' pathbreaking 3-D Negotiation (TM) approach, developed from their decades of doing deals and analyzing great dealmakers. Moves in their "second dimension"—deal design—systematically unlock economic and noneconomic value by creatively structuring agreements. But what sets the 3-D approach apart is its "third dimension": setup. Before showing up at a bargaining session, 3-D Negotiators ensure that the right parties have been approached, in the right sequence, to address the right interests, under the right expectations, and facing the right consequences of walking away if there is no deal. This new arsenal of moves away from the table often has the greatest impact on the negotiated outcome. Packed with practical steps and cases, 3-D Negotiation demonstrates how superior setup moves plus insightful deal designs can enable you to reach remarkable agreements at the table, unattainable by standard tactics.

Understanding and Negotiating Book Publication Contracts

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Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (17 download)

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Book Synopsis Understanding and Negotiating Book Publication Contracts by : Brianna Schofield

Download or read book Understanding and Negotiating Book Publication Contracts written by Brianna Schofield and published by . This book was released on 2018 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Copyright law and contract language are complex, even for attorneys and experts. Authors may be tempted to sign the first version of a publication contract that they receive, especially if negotiating seems complicated, intimidating, or risky. But there is a lot at stake for authors in a book deal, and it is well worth the effort to read the contract, understand its contents, and negotiate for favorable terms. To that end, Understanding and Negotiating Book Publication Contracts identifies clauses that frequently appear in publishing contracts, explains in plain language what these terms (and typical variations) mean, and presents strategies for negotiating "author-friendly" versions of these clauses. When authors have more information about copyright and publication options for their works, they are better able to make and keep their works available in the ways they want"--Publisher.

Getting Past No

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Publisher : Bantam
ISBN 13 : 0553903640
Total Pages : 210 pages
Book Rating : 4.5/5 (539 download)

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Book Synopsis Getting Past No by : William Ury

Download or read book Getting Past No written by William Ury and published by Bantam. This book was released on 2007-04-17 with total page 210 pages. Available in PDF, EPUB and Kindle. Book excerpt: We all want to get to yes, but what happens when the other person keeps saying no? How can you negotiate successfully with a stubborn boss, an irate customer, or a deceitful coworker? In Getting Past No, William Ury of Harvard Law School’s Program on Negotiation offers a proven breakthrough strategy for turning adversaries into negotiating partners. You’ll learn how to: • Stay in control under pressure • Defuse anger and hostility • Find out what the other side really wants • Counter dirty tricks • Use power to bring the other side back to the table • Reach agreements that satisfies both sides' needs Getting Past No is the state-of-the-art book on negotiation for the twenty-first century. It will help you deal with tough times, tough people, and tough negotiations. You don’t have to get mad or get even. Instead, you can get what you want!

Third Party Funding for Dispute Resolution

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Publisher : Springer Nature
ISBN 13 : 9811610959
Total Pages : 232 pages
Book Rating : 4.8/5 (116 download)

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Book Synopsis Third Party Funding for Dispute Resolution by : Beibei Zhang

Download or read book Third Party Funding for Dispute Resolution written by Beibei Zhang and published by Springer Nature. This book was released on 2021-03-25 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book represents a comparative study of Third Party Funding (TPF) and its regulation in England, Hong Kong, Singapore, the Netherlands and the Mainland of China. It provides a general review of the background in which TPF grows and the platform where third party funders are allowed to operate. In each and every chosen jurisdiction, the book analyses the legal risks related to TPF, the regulatory measures and the questions surrounding the challenges that lay ahead. This book is featured by the empirical study of the Chinese TPF market. As of the time of this writing, TPF activities operating in China have not been expanded upon in English or Chinese literature. The language barrier may be one reason. The lack of empirical materials may also contribute to this situation. In order to obtain some first-hand evidence of the TPF market in China, the author conducted empirical research in Shenzhen, with the assistance of Chinese third party funders and some local organizations and authorities. The empirical study took the form of questionnaire surveys. The first survey saw in total 175 responses, and the second saw 18 responses. Due to the fact that many funding arrangements for commercial disputes are kept in the dark, it is hard, if not impossible, to measure the size of the Chinese TPF market. This study provides a dataset that serves a humble purpose; namely to offer an insight into the Chinese TPF market, rather than to grasp the full picture of the industry.

The Professor Is In

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Publisher : Crown
ISBN 13 : 0553419420
Total Pages : 450 pages
Book Rating : 4.5/5 (534 download)

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Book Synopsis The Professor Is In by : Karen Kelsky

Download or read book The Professor Is In written by Karen Kelsky and published by Crown. This book was released on 2015-08-04 with total page 450 pages. Available in PDF, EPUB and Kindle. Book excerpt: The definitive career guide for grad students, adjuncts, post-docs and anyone else eager to get tenure or turn their Ph.D. into their ideal job Each year tens of thousands of students will, after years of hard work and enormous amounts of money, earn their Ph.D. And each year only a small percentage of them will land a job that justifies and rewards their investment. For every comfortably tenured professor or well-paid former academic, there are countless underpaid and overworked adjuncts, and many more who simply give up in frustration. Those who do make it share an important asset that separates them from the pack: they have a plan. They understand exactly what they need to do to set themselves up for success. They know what really moves the needle in academic job searches, how to avoid the all-too-common mistakes that sink so many of their peers, and how to decide when to point their Ph.D. toward other, non-academic options. Karen Kelsky has made it her mission to help readers join the select few who get the most out of their Ph.D. As a former tenured professor and department head who oversaw numerous academic job searches, she knows from experience exactly what gets an academic applicant a job. And as the creator of the popular and widely respected advice site The Professor is In, she has helped countless Ph.D.’s turn themselves into stronger applicants and land their dream careers. Now, for the first time ever, Karen has poured all her best advice into a single handy guide that addresses the most important issues facing any Ph.D., including: -When, where, and what to publish -Writing a foolproof grant application -Cultivating references and crafting the perfect CV -Acing the job talk and campus interview -Avoiding the adjunct trap -Making the leap to nonacademic work, when the time is right The Professor Is In addresses all of these issues, and many more.

Understanding and Negotiating Construction Contracts

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Publisher : John Wiley & Sons
ISBN 13 : 1394150202
Total Pages : 390 pages
Book Rating : 4.3/5 (941 download)

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Book Synopsis Understanding and Negotiating Construction Contracts by : Kit Werremeyer

Download or read book Understanding and Negotiating Construction Contracts written by Kit Werremeyer and published by John Wiley & Sons. This book was released on 2023-07-19 with total page 390 pages. Available in PDF, EPUB and Kindle. Book excerpt: Understanding and Negotiating Construction Contracts The complexities of construction contracts are made easy with this thorough and readable guide Construction contracts can be complex for both owners and contractors. For contractors, negotiating fair and balanced commercial terms in contracts is just as important as properly managing projects; a properly negotiated contract can mitigate unnecessary risk and unnecessary risk transfer. This, in turn, reduces exposure to financial liability for the contractor and for avoidance of contract claims and disputes. Understanding and Negotiating Construction Contracts provides a comprehensive and readable introduction to the world of construction contracts. Providing, for example, coverage of the four most common types of contracts—lump sum/fixed-price, cost-plus, time-and-materials, and unit-pricing—it promises to reduce uncertainty and allow contractors to enter contractual negotiations with greater confidence to be able to achieve a fair and balanced contract. This updated new edition reflects the up-to-date best practices to understand how to better negotiate the commercial terms and conditions in construction contracts. Readers of the second edition of Understanding and Negotiating Construction Contracts will also find: Updated information on indemnity, insurance, and negotiation An all-new chapter with a contract analysis checklist Real-world examples drawn from small residential, retail, large commercial, and international projects Understanding and Negotiating Construction Contracts is essential for construction professionals and college students studying construction contracts and the liabilities arising out of them.

Contemporary and Emerging Issues on the Law of Damages and Valuation in International Investment Arbitration

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Publisher : BRILL
ISBN 13 : 9004357793
Total Pages : 516 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis Contemporary and Emerging Issues on the Law of Damages and Valuation in International Investment Arbitration by : Christina L. Beharry

Download or read book Contemporary and Emerging Issues on the Law of Damages and Valuation in International Investment Arbitration written by Christina L. Beharry and published by BRILL. This book was released on 2018-04-03 with total page 516 pages. Available in PDF, EPUB and Kindle. Book excerpt: Damages and other forms of redress are the object of nearly every international investment dispute. Given the financial stakes in these cases, compensation is a key concern for both foreign investors and States. The increasingly large sums awarded and the growing complexity of claims call for a renewed analysis of legal and valuation concepts related to damages. Contemporary and Emerging Issues on the Law of Damages and Valuation in International Investment Arbitration, edited by Christina L. Beharry, examines a broad range of damages topics, building on basic principles and surveying current developments to identify trends in the jurisprudence. A central contribution of this book is its exploration of cutting-edge issues dominating a new generation of investment awards and the interconnectedness of damages with other areas of international investment law. This volume brings together leading practitioners, experts, and academics with extensive experience working on issues related to the law of damages and the quantification of compensation. Readers are provided with a deeper understanding of legal and valuation principles that are often the source of intense debate in international investment cases.