Part I Mapping the Terrain, 5 Gamblers, Loan Sharks, and Third-Party Funders

2014 ◽  
Author(s):  
Rogers Catherine A
Keyword(s):  
Legal Profession ◽  
Abraham Lincoln ◽  
Third Party ◽  
Market Forces ◽  
International Arbitration ◽  
The Third ◽  
The Third Party ◽  
Party Funding ◽  
Popular Contention ◽  
Close Interrelationship

This chapter explores the participation of third-party funders acting within the scope of international arbitration, as well as the criticisms thereof. Popular contention suggests that litigation financing can lead to the corruption or commodification of justice — an issue that history has repeatedly rendered moot. Throughout the years, there has been a close interrelationship between market forces and the legal profession — the linking of business and profession together has even been practiced by such historical greats as Abraham Lincoln. Furthermore, doing away with third-party funding and market forces in general can limit the functions of justice. The better approach is to recognize the often indelible presence of the marketplace in judiciary proceedings, and thereby establish substantive rules and regulations that can narrow down the specific functions the third-party funder is meant to exercise.

scholarly journals ANALISIS PENGARUH PENDAPATAN NASIONAL DAN TINGKAT SUKU BUNGA TERHADAP PENGHIMPUNAN DANA PIHAK KETIGA PADA BANK UMUM DI INDONESIA

2010 ◽  
Vol 8 (1) ◽  
pp. 261
Author(s):  
Khoirunnisa’ Arrohmah ◽  
Aries Soelistyo
Keyword(s):  
National Income ◽  
Third Party ◽  
Partial Adjustment ◽  
Independent Variables ◽  
The Third ◽  
Model Free ◽  
Partial Adjustment Model ◽  
The Third Party ◽  
Party Funding

The principal problem of this study are associated with the Indonesian economy which needs to be improved, therefore Government could increase through improved and increased banks' performance by increasing the national income, where the banking, especially commercial banks at the core of the financial system of State. The method used in this study is multiple linear regression partial adjustment model (Partial Adjustement Model) that is useful to observe the response of short-term and long-term variable from one unit change in the value of independent variables. From the analysis results obtained equation is LSt = β0 + β1LYt + β2 Lrt + β3 LSt-1 + μt. The results showed that the model free from the classical assumption of multicollinearity, heteroscedasticity, autocorrelation. As for all significant independent variables simultaneously on the third party funding variables, this suggests that the third party funding increase is influenced by many factors could be shown the results of the regression is calculated for 679.8788 F <F table at 2.48. And partially variable interest rate not significantly affect the third party funding.

Muhammet Çap & Sehil Inşaat Endustri ve Ticaret Ltd. Sti. V. Turkmenistan: Procedural Order No. 3 (ICSID)

2016 ◽  
Vol 55 (1) ◽  
pp. 92-97 ◽  
Author(s):  
Diane A. Desierto
Keyword(s):  
Third Party ◽  
Arbitral Tribunal ◽  
The Third ◽  
The Third Party ◽  
Party Funding

On June 12, 2015, the Arbitral Tribunal in Muhammet Çap & Sehil Inşaat Endustri ve Ticaret Ltd. Sti. v. Turkmenistan, composed of Professor Julian D.M. Lew (President), Professor Laurence Boisson de Chazournes (Arbitrator), and Professor Bernard Hanotiau (President), issued its Procedural Order No. 3, ordering claimants to confirmwhether its claims in this arbitration are being funded by a third-party funder, and if so, shall, advise Respondent and the Tribunal of the name or names and details of the third-party funder(s), and the nature of the arrangements concluded with the third-party funder(s), including whether and to what extent it/they will share in any successes that Claimants may achieve in this arbitration.This is the first publicly available written order issued by an arbitral tribunal constituted under the rules of the International Centre for Settlement of Investment Disputes (ICSID) that compels claimants to disclose information about any third-party funding arrangements.

Resolving tension from the third-party forgiveness effect

2014 ◽  
Author(s):  
Jaclyn M. Moloney ◽  
Chelsea A. Reid ◽  
Jody L. Davis ◽  
Jeni L. Burnette ◽  
Jeffrey D. Green
Keyword(s):  
Third Party ◽  
The Third ◽  
The Third Party

Relaxations of Contractual Privity and the Need for Third Party Rights in Chinese Contract Law

2018 ◽  
Author(s):  
Chen Lei
Keyword(s):  
Direct Action ◽  
Contract Law ◽  
Third Party ◽  
Chinese Law ◽  
The Third ◽  
Right Of Action ◽  
The Law ◽  
The Third Party ◽  
The Right

This chapter examines the position of third party beneficiaries in Chinese law. Article 64 of the Chinese Contract Law states that where a contract for the benefit of a third party is breached, the debtor is liable to the creditor. The author regards this as leaving unanswered the question of whether the thirdparty has a right of direct action against the debtor. One view regards the third party as having the right to sue for the benefit although this right was ultimately excluded from the law. Another view, supported by the Supreme People’s Court, is that Article 64 does not provide a right of action for a third party and merely prescribes performance in ‘incidental’ third party contracts. The third view is that there is a third party right of action in cases of ‘genuine’ third party contracts but courts are unlikely to recognize a third party action where the contract merely purports to confer a benefit on the third party.

Contracts for the Benefit of Third Parties Under the Taiwan Civil Code

2018 ◽  
Author(s):  
Sheng-Lin JAN
Keyword(s):  
Civil Code ◽  
Third Parties ◽  
Third Party ◽  
The Third ◽  
Legal Relationship ◽  
The Third Party ◽  
Privity Of Contract

This chapter discusses the position of third party beneficiaries in Taiwan law where the principle of privity of contract is well established. Article 269 of the Taiwan Civil Code confers a right on the third party to sue for performance as long as the parties have at least impliedly agreed. This should be distinguished from a ‘spurious contract’ for the benefit of third parties where there is no agreement to permit the third party to claim. Both the aggrieved party and the third party beneficiary can sue on the contract, but only for its own loss. The debtor can only set off on a counterclaim arising from its legal relationship with the third party. Where the third party coerces the debtor into the contract, the contract can be avoided, but where the third party induces the debtor to contract with the creditor by misrepresentation, the debtor can only avoid the contract if the creditor knows or ought to have known of the misrepresentation.

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