Mohamed Sweify of Fordham University School of Law discusses arbitrators’ decision-making process and addresses the cognitive illusions that the disclosure of third party funding may create.
Mohamed Sweify of Fordham University School of Law discusses arbitrators’ decision-making process and addresses the cognitive illusions that the disclosure of third party funding may create.
New research commissioned by Burford Capital demonstrates that companies that choose not to opt out of a class action proceeding do so for economic reasons, and that companies with large claims stand to recover more and can preserve their budgets by using legal finance as part of their opt out strategies. The research also shows that companies already using legal financing are opting out three times more often than their competitors.
A host of European associations have issued a joint statement calling for the EU to develop appropriate rules on third party litigation funding. They argue that, with no obligation to see cases through to the end and no responsibility for adverse costs, funders can pursue opportunistic claims for a high reward with low risk.
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