Investiţii internaţionale în litigii: modele de finanţare alternative International/ Investments in Litigation: Alternative Funding Models

Abstract

This paper aims to address third-party litigation funding (TPF) from the perspective of its development in the field of international investments, accurately presenting its mechanism and mode of application. Additionally, the paper will include an overview of the types of disputes in which TPF is used, as well as the specific aspects of its applicability in international commercial and investment arbitration. Beyond conventional litigation financing methods, various approaches to funding will be outlined to meet the diverse needs of funders and clients. In this regard, the paper will present the characteristics of alternative financing models compared to traditional litigation funding, as well as different structures of third-party litigation funding (such as Portfolio Funding, Basket of Cases, Hybrid Damage-Based Agreements Funding, Alternative Business Structures, Professional Funders, One-off or One-time Funders, Case-by-Case Funders, etc.) and the potential advantages they offer compared to standard financing methods.

Keywords

• funding
• litigation
• investments
• alternative
• international.