News

04/04/2018

2nd Hamburg International Arbitration Day

"Third-Party Funding in International Arbitration" at 2nd Hamburg International Arbitration Day

Prof. Dr. Stephan Kröll

On Tuesday, March 20th 2018, the Center for International Dispute Resolution at Bucerius Law School hosted the 2nd Hamburg International Arbitration Day together with the Chamber of Arbitration and Mediation of the Chamber of Commerce of Brazil and Canada, the Hamburg Arbitration Circle and the Rechtsstandort Hamburg e.V. at the Helmut-Schmidt-Auditorium, located at Bucerius Law School. The topic of the conference was, keeping in line with one of the issues of this years Willem C. Vis Moot problem, the issue of Third-Party Funding in International Arbitration.

After an introduction by Prof. Dr. Stephan Kröll, one of the directors of the Center for International Dispute Resolution at Bucerius Law School, both Carlos Forbes, President of the CAM-CCBC, and Friedrich-Joachim Mehmel, President of the Constitutional Court of Hamburg, welcomed the participants of the conference.

First, Prof. Victoria Shannon Sahani from the Arizona State University gave an overview over the legal framework regarding third-party funding in different jurisdictions. This was followed by a talk by Duarte G. Henriques of BCH lawyers in Lisbon on the issue of disclosure, and a presentation by Dr. Jonas von Göler, currently with the Regional Court of Düsseldorf, on the cost issues associated with third party funding.

After a short break, Prof. Dr. Carlos Alberto Carmona of the University of São Paolo presented both the practical use and legal issues of third-party funding in Brazil and Latin America. This was followed by Christian Stuerwald, the head of the Case Assessment for Calunius Capital LLP, elaborating on the view of a funder on third-party funding in Germany and Europe, and Prof. Petra Butler of the Victoria University of Wellington, who in her Vis Moot Special suggested that both international arbitration and the CISG could be helpful in the fight for a better word.

After closing remarks by Prof. Dr. Kröll and Dr. Elke Umbeck of the Hamburg Arbitration Circle, the attendees of the conference were kindly invited to a reception at the offices of TaylorWessing, including tremendous views of the harbour and the Elbphilharmonie.

Text: Christoph Ludwig, Student; photos: Leonhard Sonner