The TPF Handbook - Part I General Report - Chapter 1 - Handbook on Third-Party Funding in International Arbitration
Nikolaus Pitkowitz is a founding partner and head of dispute resolution at Graf & Pitkowitz. He is a Vice President of Vienna International Arbitral Centre (VIAC) and considered one of the preeminent Austrian dispute resolution practitioners. He has acted as counsel and arbitrator in a multitude of international arbitrations, including several high profile disputes, and is also a Vice Chair of International Arbitration Committee of the ABA Section of International Law.
Originally from Handbook on Third-Party Funding in International Arbitration
The reports laid out herein aim to support legal practitioners when confronted with Third-Party Funding in international arbitration. The reports aim to assist counsel not only in identifying existing and impending threats but also to provide guidance on how to address and overcome them. For this reason, most chapters contain very specific “guideposts” be it in the form of recommendations, alerts or propositions.
The publication is divided into general chapters and into country-specific chapters addressing from different perspectives (i) the practical situation of TPF, (ii) the cost regime and cost shifting rules, (iii) general duties of counsel, (iv) confidentiality, disclosure and preservation of privilege, (v) the relationship towards the Third-Party Funder and (vi) the conduct of arbitration. The individual chapters will be shortly described below and subsequently certain key findings of the reports will be outlined.
1.2. General Chapters
The chapter on General Duties of Counsel first discusses various definitions applied to Third-Party Funding and then addresses (i) ethical standards and information obligations towards the client and the funder including applicable laws in international context (ii) the duty and extent of disclosure and confidentiality in the course of arbitration, and (iii) security for cost applications. The chapter concludes with a table providing an overview on the discussed guideposts.