Categories: NAB News

Litigation Funding: Are These Costs Recoverable in Arbitration?

The use of third parties to fund plaintiffs’ legal and litigation expenses (“litigation funding”) is becoming an increasingly common practice in Europe and the United States, and has been used in Australia for many years. As the litigation funding industry has grown and evolved, it is becoming more common in arbitration. Indeed, there are some litigation funding companies that limit their investments to cases that are being arbitrated rather than tried in a country’s court system. Thus, arbitrators are being increasingly asked to award litigation funding expenses as costs.

READ THE FULL ARTICLE ON THE AMERICAN BAR ASSOCIATION WEBSITE.

By Jim Reiman May, 22, 2017 (originally published by the American Bar Association’s Section of Litigation, Alternative Dispute Resolution Committee – see full link above)

Published by

Recent Posts

2026 Annual Retreat

Join other Ciarb members in beautiful Atlanta, GA. for an engaging program of networking and…

3 weeks ago

Once You Step Over the Line, You Can’t Go Back

by Lionel M. Schooler, FCIArb Jackson Walker LLP1 INTRODUCTION. In Myers v. Papa Texas LLC,…

3 weeks ago

Not In My Backyard by Lionel M. Schooler, FCIArb Jackson Walker LLP1

INTRODUCTION. In Town of Vinton v. Indian Harbor Ins. Co., 161 F.4th 282 (5th Cir.…

2 months ago

Read What You Sign by Lionel M. Schooler, FCIArb Jackson Walker LLP1

INTRODUCTION. In Pott v. World Capital Properties, Ltd., ____ F.4th ____, 2025 WL 2719789 (11th…

2 months ago

Interpretation of FAA Section 1 Exemption by Lionel M. Schooler, FCIArb Jackson Walker LLP1

Introduction. In Nathaniel Silva et al v. Schmidt Baking Distribution, LLC and Schmidt Baking Com-pany,…

3 months ago

Limitations on Jurisdiction of Arbitral Matters

by Lionel M. Schooler, FCIArb Jackson Walker LLP1 Introduction. In In Re Financialright Claims GmbH,…

5 months ago