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The claim-award discrepancy and third-party funding
Global Arbitration Review
April 26th, 2018
In light of a recent study by Allen & Overy, James Delaney, Director at specialist arbitration finance and insurance broker TheJudge, considers the discrepancy between average claims and awards in investor-state arbitration and how it affects the negotiation of third-party funding arrangements. … Continued
How to have your cake and eat it: utilising own fee insurance to reduce the client’s outlay whilst protecting your fee income
Global Arbitration Review
March 26th, 2018
Producing a budget that is realistic and won’t scare off a prospective client during a pitch can be a challenge. Lawyers might be tempted to be overly optimistic in preparing the cost estimate, but this can be a cause of … Continued
The ‘Arkin cap’ and the sum a funder can be ordered to give by way of security for costs
Global Arbitration Review
January 9th, 2018
The so called “Arkin cap” is a term derived from the decision of the Court of Appeal in Arkin v Borchard Lines [2005] 1 WLR 3055 which limits the liability of a third-party funder for adverse costs to an amount … Continued
