Rubolino, Matteo (A.A. 2024/2025) Arbitration and third party funding: a comparative legal analysis of European Union and United States approaches. Tesi di Laurea in Diritto privato comparato, Luiss Guido Carli, relatore Barbara Santa De Donno, pp. 137. [Single Cycle Master's Degree Thesis]

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Abstract/Index

The origins of the phenomenon of third party litigation funding. The spread of third party litigation funding in systems of common law. Particularly in international investment arbitration and in commercial arbitration. The studies that preceded the proposed directive. The European added value assessment on the Responsible private funding of litigation and the attached study by the research office of the European Parliament. Study on mapping third party litigation funding in the European Union. The discipline dictated in the European Parliament resolution of september 13, 2022. The regulatory framework and objectives behind the resolution and the proposed directive. The main recommendations covered by resolution. The legal nature of the litigation financing agreement. Definition of litigation funder. The regulation and supervision of funders. Capital adequacy. The fiduciary obligation. On the content of the third party litigation financing agreement. Transparency requirements and prevention of conflicts of interest. The cases of nullity of the agreement. The powers reserved to the authority. Responsibility for the other party's expenses. The nature of the financing agreement. The litigation financing agreement as a "litigation quota agreement". The different contractual models and their compatibility with the proposed directive. The admissibility of litigation financing agreements with a managerial cause. The TPLF in the United States. Regulatory framework. The variability of litigation funding scenarios. Professional requirements of funders. Requirements for carrying out financing activities. Transparency requirements and prevention of conflicts of interest. Foreign investors. Cap on funder's profits. Disclosure obligations. The main legal doctrines applicable to TPLF. Recent applications.

References

Bibliografia: pp. 134-137.

Thesis Type:	Single Cycle Master's Degree Thesis
Institution:	Luiss Guido Carli
Degree Program:	Single Cycle Master's Degree Programs > Single Cycle Master's Degree Program in Law (LMG-01)
Chair:	Diritto privato comparato
Thesis Supervisor:	De Donno, Barbara Santa
Thesis Co-Supervisor:	Ventura, Livia
Academic Year:	2024/2025
Session:	Summer
Deposited by:	Alessandro Perfetti
Date Deposited:	18 Dec 2025 08:22
Last Modified:	18 Dec 2025 08:22
URI:	https://tesi.luiss.it/id/eprint/44473

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