Daniel Pascucci

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Latest Posts › Litigation Fees & Costs

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Discoverability of Third Party Funding Documents in Arbitration – Part II

In January, in Part I of this post, we discussed the “relevance” factor in determining the discoverability of litigation funding agreements and correspondence with funders. (For these purposes, the word “litigation” means...more

3/26/2019 / Arbitration , Arbitrators , Attorney-Client Privilege , Discovery , Hong Kong International Arbitration Centre (HKIAC) , Litigation Fees & Costs , Litigation Funding , Non-Disclosure Agreement , Third Party Funding , Work-Product Doctrine

Discoverability of Third Party Funding Agreements in Arbitration – Part I

The use of third party funding of arbitration and litigation proceedings provides broader access to formal claim resolution mechanisms, but that benefit may come with some unique issues for the uninitiated. However,...more

1/29/2019 / Arbitration , Arbitration Procedural Rules , Disclosure Requirements , Discovery , Litigation Fees & Costs , Motion to Compel , Third Party Funding

Are Third-Party Funding Costs Recoverable in Arbitration?

Third-party litigation and arbitration funding is increasingly being utilized in the United States. Are the corresponding financing costs recoverable in arbitrations? According to the N.Y. Times, dispute resolution funding...more

7/24/2018 / Arbitration , Arbitrators , Attorney's Fees , Class Action , Client Services , Conflicts of Interest , Litigation Fees & Costs , Litigation Funding , Third Party Funding

Dissecting Common Basic Arbitration Clauses — You Can Build a Better One

Arbitration is often promoted as faster, cheaper, more predictable, and more controllable than litigation. But to many, arbitration’s promise comes up short on delivery. Why? A prime reason is that many parties do not make...more

3/8/2018 / Arbitration , Arbitration Agreements , Arbitrators , Class Action Arbitration Waivers , Class Arbitration , Litigation Fees & Costs , Litigation Strategies , Mandatory Arbitration Clauses

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