Financement du contentieux par des tiers : définition, mécanismes et spécificités
A commercial dispute distracts the companies from their business activity. On top of the damage suffered the claimant must dedicate time and energy with legal merits, claim value and substantiation, recovery outlook, lawyers to appoint, etc. A third party specialized in funding without recourse the...
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| Format: | Article ou chapitre numérique |
| Jezik: | Français |
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2024
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| Online dostop: | Accès Université d'Orléans et IFPM Accès Université d'Orléans et IFPM |
| Izvleček: | A commercial dispute distracts the companies from their business activity. On top of the damage suffered the claimant must dedicate time and energy with legal merits, claim value and substantiation, recovery outlook, lawyers to appoint, etc. A third party specialized in funding without recourse the related costs (here for international arbitration procedures), can provide the claimant with a useful added value as well as with a de-risking financial support alongside the full process. At the delicate crossroad between the deed of justice and the financial world this industry is unique: most people at work there are former lawyers or legals, law being the rationale, but this must combine with an internal expertise in the valuation of damages, as well as in recovery strategies, which are key in the risk-mapping of any entity looking at endorsing litigation funding. The article presents these multi-sided mechanisms enabling the provision of financial means backing a party to a dispute and how alignment of interests with the funded party optimizes the efficiency of the whole dispute resolution gearing. |
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