Third-Party Funding in International Arbitration
Third-Party Funding in International Arbitration

Author: Lisa Bench Nieuwveld

Publisher: Kluwer Law International B.V.

Published: 2016-04-24

Total Pages: 363

ISBN-13: 9041161120

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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.

Recognition and Enforcement of Judgments in Civil and Commercial Matters
Recognition and Enforcement of Judgments in Civil and Commercial Matters

Author: Anselmo Reyes

Publisher: Bloomsbury Publishing

Published: 2019-09-19

Total Pages: 411

ISBN-13: 1509924272

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This collection offers a study of the regimes for the recognition and enforcement of foreign commercial judgments in 15 Asian jurisdictions: mainland China, Hong Kong, Taiwan, Japan, Korea, Malaysia, Singapore, Thailand, Vietnam, Cambodia, Myanmar, the Philippines, Indonesia, Sri Lanka and India. For practising lawyers, the book is intended as a practical guide to current law and procedures for enforcing judgments in the selected jurisdictions. However, it does not stop at describing current law and practice. Of interest to academics and students, it also analyses the common principles of the enforcement regimes across the jurisdictions, and identifies what should be regarded as the norm for enforcement in Asian countries for the purpose of attracting foreign direct investment and catalysing rapid economic development. In light of the common principles identified, the book explores how laws in Asia may generally be improved to enable judgments to be more readily enforced, while ensuring that legitimate concerns over indirect jurisdiction, due process and domestic public policy are respected and addressed. With this in mind, the book discusses the potential impact that the adoption of the 2005 Hague Convention on Choice of Court Agreements might have on Asian jurisdictions; it also considers the potential impact of the convention for the enforcement of judgments in civil and commercial matters presently being drafted by the Hague Conference on Private International Law. This timely book argues that it is imperative to adopt a uniform system for the recognition and enforcement of judgments throughout Asia if there is to be traction for the enhanced cross-border commerce that is expected to result from endeavours such as the ASEAN Economic Community (AEC), the Belt and Road Initiative (BRI), CPTPP (also known as TPP-11), and RCEP.

Can Hong Kong Exceptionalism Last? Dilemmas of Governance and Public Administration over Five Decades, 1970s–2020
Can Hong Kong Exceptionalism Last? Dilemmas of Governance and Public Administration over Five Decades, 1970s–2020

Author: Anthony B. L. CHEUNG

Publisher: City University of HK Press

Published: 2021-11-01

Total Pages: 470

ISBN-13: 9629375915

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Hong Kong under British rule was a prime example of exceptionalism in many aspects — economic, political, and even social. It was governed under a colonial structure and yet had enjoyed a large degree of social and economic freedom, as well as fiscal self-sufficiency and autonomy from London. After returning to Chinese rule in 1997, Hong Kong has continued to thrive as a relatively resilient city-state still known for efficiency and effectiveness despite tensions and scepticism about its political future. This book carries decades of academic observations and the author’s personal political experience. It reviews and reflects on the past trajectory of governance and administration, identifying strengths and capabilities as well as constraints and vulnerabilities of Hong Kong as a polity and society, while charting its course of ‘exceptionalism’ within a new context and under changing conditions. As this book concludes, the exceptionalism of Hong Kong not only hinges on institutional arrangements and historical inheritance but also on the statecraft of the administration of the day. ********************************************************* “… This is a text for deep reading, reflection, and deliberation.” – Professor LUI Tai-lok Chair Professor of Hong Kong Studies, Director of the Academy of Hong Kong Studies, Director of the Centre for Greater China Studies, and Former Vice President (Research & Development) at The Education University of Hong Kong “… a gem … whatever your political stand is, you have to admire Professor Cheung’s thorough observations and profound ideas on what made this city tick…” – Mr LAM Woon-kwong Former Secretary for the Civil Service and Secretary for Home Affairs, and Former Convenor of Non-Official Members of the Executive Council (2012–2017) “… a compelling addition to the literature on Hong Kong.” – Professor Darryl S.L. JARVIS Professor and former Head of the Department of Asian and Policy Studies at The Education University of Hong Kong

United Nations Justice
United Nations Justice

Author: Calin Trenkov-Wermuth

Publisher: UN

Published: 2010

Total Pages: 250

ISBN-13:

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"At the end of the 20th century, and at the dawn of the 21st, the United Nations was tasked with the administration of justice in territories placed under its executive authority, an undertaking for which there was no established precedent or doctrine. Examining the UN's legal and judicial reform efforts in Kosovo and East Timor, this volume argues that rather than helping to establish a sustainable legal system, the UN's approach detracted from it, as it confused ends with means."--Publisher's description.

The Judicial System and Reform in Post-Mao China
The Judicial System and Reform in Post-Mao China

Author: Yuwen Li

Publisher: Routledge

Published: 2016-03-03

Total Pages: 298

ISBN-13: 131702656X

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This comprehensive study examines the development and changing characteristics of the judicial system and reform process over the past three decades in China. As the role of courts in society has increased so too has the amount of public complaints about the judiciary. At the same time, political control over the judiciary has retained its tight-grip. The shortcomings of the contemporary system, such as institutional deficiencies, shocking cases of injustice and cases of serious judicial corruption, are deemed quite appalling by an international audience. Using a combination of traditional modes of legal analysis, case studies, and empirical research, this study reflects upon the complex progress that China has made, and continues to make, towards the modernisation of its judicial system. Li offers a better understanding on how the judicial system has transformed and what challenges lay ahead for further enhancement. This book is unique in providing both the breadth of coverage and yet the substantive details of the most fundamental as well as controversial subjects concerning the operation of the courts in China.

Review of Civil Litigation Costs
Review of Civil Litigation Costs

Author: Great Britain. Ministry of Justice

Publisher: The Stationery Office

Published: 2010

Total Pages: 388

ISBN-13: 9780117064034

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In January 2009, the then Master of the Rolls, Sir Anthony Clarke, appointed Lord Justice Jackson to lead a fundamental review of the rules and principles governing the costs of civil litigation. This report intends to establish how the costs rules operate and how they impact on the behavior of both parties and lawyers.