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Marius BRĂNICI: International Investments in Litigation: Alternative Funding Models

DOI: 10.47743/jss-2025-71-1-7

Abstract: This paper aims to address third-party litigation funding (TPF) from the perspective of its development in the field of international investments, accurately presenting its mechanism and mode of application. Additionally, the paper will include an overview of the types of disputes in which TPF is used, as well as the specific aspects of its applicability in international commercial and investment arbitration. Beyond conventional litigation financing methods, various approaches to funding will be outlined to meet the diverse needs of funders and clients. In this regard, the paper will present the characteristics of alternative financing models compared to traditional litigation funding, as well as different structures of third-party litigation funding (such as Portfolio Funding, Basket of Cases, Hybrid Damage-Based Agreements Funding, Alternative Business Structures, Professional Funders, One-off or One-time Funders, Case-by-Case Funders, etc.) and the potential advantages they offer compared to standard financing methods.

Keywords: funding, litigation, investments, alternative, international.

References:

Abrams, S., Chen, D. L., A market for justice: a first empirical look at third party litigation funding, University of Pennsylvania Journal of Business Law.

Attrill, W., Ethical Issues in Litigation Funding, 2009.

Catalano, C., How to bring certainty to litigation budgets (https://www.lexology.com/library/detail.aspx?g=50656b4e-4992-4c64-a82c-e9d39b8dea4f).

Cohen, A., „An update on commercial legal finance case law”, The Burford Quarterly, nr. 3, 2022.

Connor, G., Woo, M., An Introduction to Hedge Funds. Introductory Guide, London School of Economics, Financial Markets Group.

Deloitte Private, The Family Office Handbook. Achieving ambition. Managing risk. Leaving a rich legacy (https://www.deloitte.com/content/dam/Deloitte/sg/Documents/deloitteprivate/sea-dp-family-enterprise-office-handbook.pdf)

Flake, C., Third party funding in domestic arbitration: champerty or social utility?. Insurance Information Institute, „What is third-party litigation funding and how does it affect insurance pricing and affordability?”.

Khen, J., What Is an Investment Fund? Types of Funds and History, 2023.

Perich, M., Profile of Litigation Funders, 2020, Westfleet Advisors.

Pierce, J., Burnett, D., The Emerging Market for Litigation Funding, 2013.

Research and Markets, UK Legal Services Market Trends Report, 2019, apud A. Cohen, An update on commercial legal finance case law, The Burford Quarterly, nr. 3, 2022.

Rowles-Davies, N., Third party litigation funding, Oxford University Press, 2014.

Steinitz, M., Third Party Funding of Investment Arbitration, în Iowa Legal Studies, nr. 42, 2021.

Trusz, J. A., Full disclosure? Conflicts of Interest Arising from third-party funding in International Commercial Arbitration, în Georgetown Law Journal.

Ungureanu, C.T., Dreptul comerțului internațional, Editura Hamangiu, 2018.

Xiao, J., op. cit., Heuristics, Biases, and Consumer Litigation Funding at the Bargaining Table, în Vanderbilt Law Review, vol. 68, nr. 1, 2015.


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