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Third Party Funding in International Arbitration

A Critical Appraisal and Pragmatic Proposal

9781802208825 Edward Elgar Publishing
Mohamed F. Sweify, SJD, FCIArb, Attorney at Law, Adjunct Professor, Fordham University School of Law, US, and former judge and public prosecutor, Egyptian Judiciary
Publication Date: February 2023 ISBN: 978 1 80220 882 5 Extent: c 240 pp
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.

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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.

By looking at the premise, rather than the implication, the author presents the arcane areas of intersection between access to justice, as a foundational theory for third party funding, and the arbitration funding practice that lacks a unifying framework. 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.

This book will be of interest to third party funders, arbitrators, lawyers, arbitral institutions, academics, and law students.
Critical Acclaim
‘With the rise in third party funding in international arbitration it has become a subject with which every practitioner and arbitrator must become familiar. Professor Sweify has penned a remarkably cogent and comprehensive book that also flags the issues and offers new and interesting perspectives on solutions. It should be on every bookshelf.’
– Edna Sussman, Fordham Law School, US
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