scholarly journals Financing Disputes: Third-Party Funding in Litigation and Arbitration

2019 ◽  
pp. 465
Author(s):  
Rachel Howie ◽  
Geoff Moysa
Keyword(s):  
Ethical Issues ◽  
Conflicts Of Interest ◽  
Legal Framework ◽  
Third Party ◽  
Risk Allocation ◽  
Asset Sales ◽  
Current State ◽  
Legal Fees ◽  
Party Funding ◽  
And Control

Third-party funding is an arrangement where an entity with no prior interest in the merits of a dispute provides funding to a party involved in the dispute. Traditionally, this funding was specifically to assist the party to the dispute by financing its legal fees and costs and could be obtained in a number of ways, such as through insurance or loans from financial institutions. Third-party funding has seen significant growth and an increase in sophistication in recent years, resulting in a departure from this traditional model concurrent with the rise of commercial litigation funders whose entire business is providing non-recourse investment in disputes. This article explores both the changes in models of third-party funding — which can include some or all of: (1) paying for legal fees and disbursements, (2) indemnifying against the risk of an adverse costs order, (3) stepping in to provide security for costs, (4) providing working capital or portfolio funding for bundles of claims, and (5) the rise of institutional third-party financing in Canada. In particular, this article will explore some of the specific applications of third-party funding to the energy industry, including “David and Goliath” claims, claims involving state asset expropriation, and the use of funding as a tool for risk allocation in asset sales. This article will also discuss the development and current state of the legal framework and case law in Canada with respect to third-party funding, along with third-party funding across different contexts and types of disputes. This includes the evolution of the law of maintenance and champerty and a discussion of key legal and ethical issues engaged by third-party funding arrangements including confidentiality, privilege, disclosure, conflicts of interest, and control of the dispute.

Death, taxes and uncertainty: Economic motivations in end-of-life decision making

2021 ◽  
pp. 147775092110114
Author(s):  
George Slade Mellgard ◽  
Jacob M Appel
Keyword(s):  
End Of Life ◽  
Ethical Issues ◽  
Conflicts Of Interest ◽  
Clinical Care ◽  
Third Party ◽  
Ethical Conflicts ◽  
Financial Interests ◽  
End Of Life Decision ◽  
Death Taxes

Economic motivations are key drivers of human behavior. Unfortunately, they are largely overlooked in literature related to medical decisionmaking, particularly with regard to end-of-life care. It is widely understood that the directions of a proxy acting in bad faith can be overridden. But what of cases in which the proxy or surrogate appears to be acting in good faith to effectuate the patient’s values, yet doing so directly serves the decision-maker’s financial interests? Such situations are not uncommon. Many patients care as deeply about economic wellbeing of their families as they do for their own lives and health. This brief work examines three scenarios that raise ethical issues regarding the role of pecuniary motives in making critical medical decisions. Each scenario presents a potential financial conflict of interest between an incapacitated patient and a third-party decision-maker and offers a framework for integrating ethical and legal concerns into clinical care. It is our hope that this work prepares physicians for unexpected ethical conflicts of interest and enables them to further the interests of his or her patients.

scholarly journals The Need for Sustainable Leadership in Academia – a German Case Study

2021 ◽  
Author(s):  
Verena Haage ◽  
Linn Voss ◽  
Daniela Nguyen ◽  
Friderike Eggert
Keyword(s):  
Leadership Development ◽  
Leadership Skills ◽  
Third Party ◽  
Development Programs ◽  
Sustainable Leadership ◽  
Leadership Development Programs ◽  
Academic Leaders ◽  
Current State ◽  
Academic System ◽  
Party Funding

AbstractAcademic leaders are selected based on their publication record, citation index and acquisition of third party funding. However, heading a successful research team, also requires leadership skills. Despite the clear need, leadership development has been systematically neglected in the present academic system. At the same time, growing evidence suggests that leadership styles of academic supervisors can dramatically affect the mental health of academic employees as well as drive highly skilled researchers out of academia. Here, we assessed the current state of academic leadership in the German academic system by surveying 368 participants currently employed in academia in Germany. We report that 64% of current academic leaders did not feel prepared for their current position while 86% of participants expressed their interest in leadership development programs offered by their research institutions. Our results highlight the demand for leadership development programs in German academic institutions to ensure a more efficient academic system.

scholarly journals MEDIATION – CURRENT STATE OF USE IN THE REPUBLIC OF NORTH MACEDONIA

2021 ◽  
Vol 37 (1) ◽  
pp. 43-52
Author(s):  
Faton Shabani
Keyword(s):  
Dispute Resolution ◽  
Legal Framework ◽  
Third Party ◽  
Key Factors ◽  
Negotiated Settlement ◽  
Construction Disputes ◽  
Current State ◽  
The Republic ◽  
The Cost ◽  
Privacy And Confidentiality

Mediation is a flexible, non-binding dispute resolution method in which a neutral (impartial) third party (mediator) helps two or more disputes to reach a voluntary, negotiated settlement of their disputes. Mediation, emerging strongly as an alternative method of dispute resolution (with the help of neutral third party), has made litigation today not to be treated as the only option for dispute resolution between individuals and businesses. As a means for resolving disputes it has found application especially in business, labor, family, insurance, consumer and construction disputes. The cost, speed and expertise of resolving disputes are some of the key factors that attract individuals, businesses, organizations but also state bodies and institutions to support and promote mediation in this era of globalization and life and activity exposed to the dynamics of contemporary developments. Added to this, however, is the acceptance in the vast majority of cases of dispute resolution reached by both parties to the dispute, but also the privacy and confidentiality of the resolution of their case. Despite the fact that mediation internationally has already been seriously established in the area of dispute resolution, in the Republic of North Macedonia, the legal framework and implementation in practice is at the forefront. For this reason, in addition to the empirical, descriptive and normative treatment, the author through the methods of analysis, synthesis and statistical method processes the official results of the Ministry of Justice to give a clear picture of the trends of the use of mediation in dispute resolution over a period of 5 years (2016-2020) in the Republic of North Macedonia.

Part IX Costs, Funding, and Ideas for Optimization, 27 ‘Other Costs’ in International Arbitration: A Review of the Recoverability of Internal and Third-Party Funding Costs

2016 ◽  
Author(s):  
Berard Marie
Keyword(s):  
Senior Management ◽  
Third Party ◽  
Legal Counsel ◽  
International Arbitration ◽  
Arbitral Proceedings ◽  
Legal Fees ◽  
Party Funding

This chapter explores the types of costs that may be awarded in arbitral proceedings, analysing the underlying principles governing the recoverability of costs in international arbitration. In particular, it focuses on how claims relating to the costs of in-house legal counsel; staff and senior management; and third-party funding arrangements are generally decided by arbitral tribunals. While most arbitral rules expressly allow for the recovery of arbitral costs and reasonable legal fees incurred by external counsel, the position is less clear where the fees of in-house lawyers, lost management time, or third-party funding arrangements are concerned. In theory, in-house counsel fees should be recoverable where parties are able to demonstrate the reasonableness and necessity of these costs. As for management costs, a party should in principle be able to recover such costs in arbitration if it can prove that the time spent on the arbitration caused substantial disruption to its business. Costs underwritten by a third-party funding arrangement should, in principle, be similarly recoverable provided the funding arrangement was agreed at arm’s length and is permitted under the applicable laws.

scholarly journals The Third-Party Funding in Arbitration: A Challenge in Times of Crisis

2021 ◽  
Vol 4 (2) ◽  
pp. 1
Author(s):  
Maria João Mimoso ◽  
Joana Lourenço Pinto
Keyword(s):  
Ethical Issues ◽  
State Of The Art ◽  
The State ◽  
Third Party ◽  
Technical Knowledge ◽  
Arbitral Tribunal ◽  
The Third ◽  
Contractual Relationship ◽  
Party Funding ◽  
Financial Result

Arbitration as a way of resolving disputes between companies is essentially linked to the advantages of arbitration, especially with the speed and neutrality of arbitration, as well as the confidentiality, the possibility of choosing arbitrators with precise technical knowledge in the area of litigation, among others. The parties choose arbitration as a means of resolving disputes, relating to interests of an equity nature, bearing in mind that for some legislators the emphasis is on the availability of rights, arising from the contractual relationship that unites them. The payment of costs is a sine qua non condition for the constitution of the arbitral tribunal. The parties must proceed with the payment of taxes and fees, respectively to the arbitration center they have chosen and the arbitrators they have chosen. Considering that the economic situation of the companies may fluctuate, either during the execution of the main contract, or when the dispute arises, the constitution of the arbitral tribunal and during the procedural iter, the possibility of financing the arbitration was outlined. Third-Party Funding is a figure that involves a third-party, unrelated to the litigation, who will defray the expenses due by one of the parties to the arbitration. It will have as a counterpart the participation in the eventual financial result achieved through the success of the arbitration. As a methodology, in addition to analyzing the state of the art, we will indicate real cases and the reasons for the growth of this instrument, without forgetting the ethical issues involved.

Complementary medicine in cancer care: legal issues of medical negligence and redress

1999 ◽  
Vol 1 (3) ◽  
pp. 135-142
Author(s):  
Peter White
Keyword(s):  
Cancer Patients ◽  
Complementary Therapies ◽  
Ethical Issues ◽  
Conflicts Of Interest ◽  
Relevant Information ◽  
Legal Framework ◽  
Legal Issues ◽  
Healthcare Team ◽  
Medical Negligence ◽  
State Registration

Aims: To compare and contrast how the law relating to medical negligence in England and Wales applies to conventional and complementary practice and to outline some of the legal issues which may arise. Methods: A thorough review of the literature was used to collect relevant information. This involved a comparative analysis of documentation, including Statutory Powers, Statutory Instruments, case law, books and journal publications. Results and discussion: Complementary therapists, regardless of whether they are private or NHS employees, are bound by the same duty of care for their patients as conventional practitioners and the same legal rules apply. If complementary therapists claim to possess special skills, then they are liable for actions arising out of clinical practice, in the same way as conventional practitioners. State registration, for the mainstream complementary therapies, is one way of improving the status of such professions as they become an integral part of the management of cancer patients. However, until they are fully integrated, a balance must be achieved so as to overcome any conflicts of interest between complementary and conventional healthcare practitioners and to facilitate acceptance of the former into the healthcare team. Conclusions: As complementary therapies are integrated into the care of cancer patients, controls and regulations must be implemented, possibly influenced by a legal framework, so as to establish a foundation for enhancing or adding authority to the ethical issues and guidelines which already exist.

ENGLAND'S UNIQUE APPROACH TO THE SELF-REGULATION OF THIRD PARTY FUNDING: A CRITICAL ANALYSIS OF RECENT DEVELOPMENTS

2014 ◽  
Vol 73 (3) ◽  
pp. 570-597 ◽  
Author(s):  
Rachael Mulheron
Keyword(s):  
Self Regulation ◽  
Code Of Conduct ◽  
Legal Framework ◽  
Capital Adequacy ◽  
Third Party ◽  
Regulatory Regime ◽  
Recent Developments ◽  
Unique Approach ◽  
Party Funding ◽  
The Impact

AbstractThird Party Funding is governed by a unique and unparalleled legal framework in English law. That framework consists of: the recent 2014 Code of Conduct for Litigation Funders, its supervision by the Association of Litigation Funders, and sporadic judicial oversight of Litigation Funding Agreements – and with some unenacted legislation in the background for good measure. The purpose of this article is to analyse and critique this unique regulatory regime in several key respects. These include: the capital adequacy required of Funders; the key anti-champerty factors either judicially stipulated or contained within the 2014 Code; the efficacy and fairness of the so-called “Arkin cap”; the grounds upon which a Funder may legitimately withdraw funding; and the impact of recent contingency fee reforms. Overall, Third Party Funding represents an evolving and controversial landscape, both legally and politically.

Research Participation Experiences of Informants of Suicide and Control Cases

Crisis ◽  
2010 ◽  
Vol 31 (5) ◽  
pp. 238-246 ◽  
Author(s):  
Paul W. C. Wong ◽  
Wincy S. C. Chan ◽  
Philip S. L. Beh ◽  
Fiona W. S. Yau ◽  
Paul S. F. Yip ◽  
...  
Keyword(s):  
Ethical Issues ◽  
Research Participation ◽  
Self Report ◽  
Initial Contact ◽  
Psychological Autopsy ◽  
Autopsy Study ◽  
The People ◽  
And Control ◽  
The Impact

Background: Ethical issues have been raised about using the psychological autopsy approach in the study of suicide. The impact on informants of control cases who participated in case-control psychological autopsy studies has not been investigated. Aims: (1) To investigate whether informants of suicide cases recruited by two approaches (coroners’ court and public mortuaries) respond differently to the initial contact by the research team. (2) To explore the reactions, reasons for participation, and comments of both the informants of suicide and control cases to psychological autopsy interviews. (3) To investigate the impact of the interviews on informants of suicide cases about a month after the interviews. Methods: A self-report questionnaire was used for the informants of both suicide and control cases. Telephone follow-up interviews were conducted with the informants of suicide cases. Results: The majority of the informants of suicide cases, regardless of the initial route of contact, as well as the control cases were positive about being approached to take part in the study. A minority of informants of suicide and control cases found the experience of talking about their family member to be more upsetting than expected. The telephone follow-up interviews showed that none of the informants of suicide cases reported being distressed by the psychological autopsy interviews. Limitations: The acceptance rate for our original psychological autopsy study was modest. Conclusions: The findings of this study are useful for future participants and researchers in measuring the potential benefits and risks of participating in similar sensitive research. Psychological autopsy interviews may be utilized as an active engagement approach to reach out to the people bereaved by suicide, especially in places where the postvention work is underdeveloped.

DEVELOPMENT OF COMPUTERIZED MONITORING AND CONTROL SYSTEM OF THE MOBILE ROBOT’S POSITIONING ON LARGE FERROMAGNETIC SURFACES BASED ON INTELLIGENT TECHNIQUES. COMPLEX OF TASKS OF MONITORING AND AUTOMATIC CONTROL OF MOBILE

2019 ◽  
pp. 37-47
Author(s):  
Yao Yueqin ◽  
Oleksiy Kozlov ◽  
Oleksandr Gerasin ◽  
Galyna Kondratenko
Keyword(s):  
Automatic Control ◽  
Point Of View ◽  
Monitoring And Control ◽  
Large Area ◽  
Monitoring And Control System ◽  
Technical Parameters ◽  
Automatic Control Systems ◽  
Current State ◽  
Computerized Monitoring ◽  
And Control

Analysis and formalization of the monitoring and automatic control tasks of the MR for the movement and execution of various types of technological operations on inclined and vertical ferromagnetic surfaces are obtained. Generalized structure of mobile robotic complex is shown with main subsystems consideration. Critical analysis of the current state of the problem of development of universal structures of mobile robots (MRs) for the various types of technological operations execution and elaborations of computerized systems for monitoring and control of MR movement is done. In particular, wheeled, walked and crawler type MRs with pneumatic, vacuum-propeller, magnetic and magnetically operated clamping devices to grip with vertical and ceiling surfaces are reviewed. The constructive features of the crawler MR with magnetic clamping devices capable of moving along sloping ferromagnetic surfaces are considered. The basic technical parameters of the MR are shown for the further synthesis of computerized monitoring and automatic control systems. Formalization of the tasks of monitoring and control of the MR positioning at the processing of large area ferromagnetic surfaces is considered from the point of view of control theory.

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