scholarly journals Global Laboratories of Third-Party Funding Regulation

AJIL Unbound ◽  
2021 ◽  
Vol 115 ◽  
pp. 34-39
Author(s):  
Victoria Shannon Sahani
Keyword(s):  
Private Sector ◽  
Dispute Resolution ◽  
Third Party ◽  
Legal Representation ◽  
New Developments ◽  
Regulatory Issues ◽  
The Public ◽  
True Prevalence ◽  
Party Funding ◽  
To Receive

Third-party funding, also known as “dispute finance,” is a controversial, dynamic, and evolving arrangement whereby an outside entity (“the funder”) finances the legal representation of a party involved in litigation or arbitration, whether domestically or internationally, on a non-recourse basis, meaning that the funder is not entitled to receive any money from the funded party if the case is unsuccessful. It has been documented in more than sixty countries on six continents worldwide—including in many of the jurisdictions highlighted in this symposium that are experimenting with other aspects of international commercial dispute resolution. Indeed, funding greases the wheels of this experimentation. The true prevalence of third-party funding is likely far greater than we know since disclosure is not presently mandated everywhere. This essay argues that the three biggest global regulatory issues with respect to dispute finance are disclosure, definition, and delegation of oversight and that the global laboratories of dispute finance remain firmly within the control of the private sector with the public regulators continuously struggling to understand and address new developments in the industry. An apt analogy would be that the dispute financiers are driving cars and building spaceships with respect to their innovative financing arrangements, while many of the regulators are aiming their sights at the classic “horse-and-buggy” third-party funding arrangements that are rapidly falling out of use.

Delays Expected but Duration of Delays Unpredictable: Causes, Types, and Symptoms of Procedural Applications in Investment Arbitration

2021 ◽  
Author(s):  
Julien Chaisse
Keyword(s):  
Dispute Resolution ◽  
Empirical Analysis ◽  
International Investment ◽  
Third Party ◽  
Common Phenomenon ◽  
Investment Arbitration ◽  
Party Funding

Abstract Delays are becoming a common phenomenon in international investment arbitration and challenging the conventional belief that it is a time-effective mode of dispute resolution. These delays, majorly stemming from interim procedural applications, are known to arise due to the different interests and types of stakeholders involved in the process. This article provides an empirical analysis of such arbitration proceedings to cull out the types, nature, and effects of delay tactics in such proceedings. This article identifies three types of applications that play an increasing role in investment arbitration, namely, applications for ‘security for costs’, applications for disclosure of third-party funding, and the objections of manifest lack of legal merit of claims. Such delays can particularly become a cause of concern for investment arbitration as they have impacts beyond those which are on the parties involved.

Arbitration from a Law & Economics Perspective

2020 ◽  
pp. 873-894
Author(s):  
Anne van Aaken ◽  
Tomer Broude
Keyword(s):  
Dispute Resolution ◽  
Cognitive Abilities ◽  
Supply And Demand ◽  
The Other ◽  
Third Party ◽  
International Arbitration ◽  
General Welfare ◽  
Welfare Consequences ◽  
Party Funding

This chapter offers a Law & Economics (L&E) perspective on international arbitration. L&E scholars tend to view dispute resolution as a market. They thus look at the supply and demand of such third-party adjudication, usually comparing litigation to arbitration. Predominantly, in the literature, there are two interrelated L&E perspectives on this: one is focused on the general welfare consequences of arbitration; the other is focused on why disputants choose one kind of third-party settlement over another. There are many ways of resolving disputes between contractual parties: arbitration is also in competition with mediation, conciliation, litigation, and other forms of resolving disputes, including so-called ‘extra-legal’, socially normative ones. Most literature has focused either on the choice between litigation and arbitration or on the influence of arbitration on negotiation and settlement between the parties. The chapter then addresses other disputant choices relating to third-party funding and arbitrator appointment. It also looks at the incentives and behaviour of arbitrators, including their cognitive abilities.

Multi-Channel Delivery of E-Services in the Light of M-Government Challenge

2011 ◽  
pp. 1638-1657
Author(s):  
Panagiotis Germanakos ◽  
George Samaras ◽  
Eleni Christodoulou
Keyword(s):  
Public Sector ◽  
Service Delivery ◽  
Private Sector ◽  
Mobile Communication ◽  
Single Point ◽  
New Developments ◽  
The Public ◽  
Front End ◽  
Technological Constraints ◽  
The Impact

During the last decade, users have become accustomed to new means of service delivery in the private sector. Nowadays, users expect the same level of variety from the public sector: they want their interactions to be convenient, and they prefer to be online rather than in-line. New developments in ICT along with the growth of mobile communication allow the involved sectors to meet these challenges by re-engineering their front-end and back-end of?ce. They have developed new ways of interaction through a variety of channels allowing users to consume their services anytime, anywhere, and anyhow, restructure services that accommodate their users’ needs, and re-organize processes within and between separate administrative bodies. This chapter will examine the interaction requirements regarding a friendlier and more effective multi-channel services environment, the mobility challenges, and their apt implementation in the governmental sector placing emphasis on the technological constraints of an m-government open interoperable multi-service delivery infrastructure and the impact of its single-point of access functionality across the borders of the new digitally integrated Pan-European reality.

Multi-Channel Delivery of E-Services in the Light of M-Government Challenge

2007 ◽  
pp. 292-317
Author(s):  
Panagiotis Germanakos ◽  
George Samaras ◽  
Eleni Christodoulou
Keyword(s):  
Public Sector ◽  
Service Delivery ◽  
Private Sector ◽  
Mobile Communication ◽  
Single Point ◽  
New Developments ◽  
The Public ◽  
Front End ◽  
Technological Constraints ◽  
The Impact

During the last decade, users have become accustomed to new means of service delivery in the private sector. Nowadays, users expect the same level of variety from the public sector: they want their interactions to be convenient, and they prefer to be online rather than in-line. New developments in ICT along with the growth of mobile communication allow the involved sectors to meet these challenges by re-engineering their front-end and back-end of?ce. They have developed new ways of interaction through a variety of channels allowing users to consume their services anytime, anywhere, and anyhow, restructure services that accommodate their users’ needs, and re-organize processes within and between separate administrative bodies. This chapter will examine the interaction requirements regarding a friendlier and more effective multi-channel services environment, the mobility challenges, and their apt implementation in the governmental sector placing emphasis on the technological constraints of an m-government open interoperable multi-service delivery infrastructure and the impact of its single-point of access functionality across the borders of the new digitally integrated Pan-European reality.

scholarly journals Which mothers receive a post partum home visit in Queensland, Australia? A cross-sectional retrospective study

2015 ◽  
Vol 39 (3) ◽  
pp. 337 ◽  
Author(s):  
Wendy Brodribb ◽  
Yvette Miller
Keyword(s):  
Private Sector ◽  
Home Visit ◽  
Home Visiting ◽  
Post Partum ◽  
Cross Sectional ◽  
Public And Private ◽  
The Public ◽  
Post Partum Period ◽  
Public And Private Sector ◽  
To Receive

Objective Although home visiting in the early post partum period appears to have increased, there are limited data defining which women receive a visit and none that include Queensland. We aimed to investigate patterns of post partum home visiting in the public and private sectors in Queensland. Methods Data were collected via a retrospective cross-sectional survey of women birthing in Queensland between 1 February and 31 May 2010 at 4 months post partum (n = 6948). Logistic regression was used to assess associations between receiving a home visit and sociodemographic, clinical and hospital variables. Analyses were stratified by public and private birthing sector because of significant differences between sectors. Results Public sector women were more likely to receive a visit from a nurse or midwife (from the hospital or child health sector) within 10 days of hospital discharge (67.2%) than private sector women (7.2%). Length of hospital stay was associated with home visiting in both sectors. Some vulnerable subpopulations in both sectors were more likely to be visited, whereas others were not. Conclusions Home visiting in Queensland varies markedly between the public and private sector and is less common in some vulnerable populations. Further consideration to improving the equity of community post partum care in Queensland is needed. What is known about the topic? A recent paper found that most women from the public sector in Victoria and South Australia receive an early post partum home visit from a midwife or nurse. Queensland only recently implemented a program to increase post partum home visiting but who receives visits is still unknown. What does this paper add? No previous study has investigated which women receive early post partum home visits in Queensland, nor home visiting rates within the private sector. This paper also examines whether specific subpopulations of vulnerable post partum women are receiving home visits so that patterns of inequity or unmet needs can be identified. What are the implications for practitioners? Home visiting by nurses or midwives in the post partum period in Queensland was less common than in other Australian states, and varies markedly between the public and private sector. These differences highlight inequities in community post partum care that need to be addressed if women are to receive the most cost-effective and clinically appropriate care and support in the post partum period.

scholarly journals Manajemen Risiko dalam Transaksi Gadai Sepeda Motor di Kelurahan Pancor Lombok Timur

MANAZHIM ◽  
2020 ◽  
Vol 2 (1) ◽  
pp. 81-96
Author(s):  
Sri nirwana Nana Sarowati zikri
Keyword(s):  
Qualitative Research ◽  
Risk Management ◽  
Alternative Solution ◽  
Third Party ◽  
Research Approach ◽  
The Public ◽  
Know How ◽  
Fast Condition ◽  
Party Funding

This study aims to find out how risk management will be faced by the public in conducting motorcycle pawn transactions. This research uses a qualitative research approach. People in Indonesia are already familiar with the word pawn, especially in the community in the Pancor Village, East Lombok Regency, which often occurs, namely motorcycle pawn transactions. This happens when someone needs funds in an urgent and fast condition, while the person concerned does not have cash or savings funds, then third-party funding becomes an alternative solution. Based on the results of this study, people who conduct transactions, especially those who receive pawning, will carry out risk management because they are more likely to have risks. . Whereas the party giving the pawn doesn't know how much risk is being faced by the party receiving the pawn. In connection with this, I as a researcher hope that the party providing the pawn in order to further minimize the risk to the party receiving the pawn so that the party receiving the pawn has no difficulty in managing the risk.

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