JOINT STATEMENT on Responsible Private Funding of Litigation

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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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.

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