La tercerización de la financiación del arbitraje internacional
| Autor | James Graham |
| Páginas | 6-14 |
6
Revista Latinoamericana de Mediación y Arbitraje INDICE
JAMES GRAHAM / LA TERCERIZACION DE LA FINANCIACION DEL ARBITRAJE INTERNACIONAL
Internacional
James A. Graham1*
México
1.
-
el pacta cuota litis
no win – no fee
Bevan Ashford v
Geoff Yeandle
“Arbitration proceedings are a form of litigation. The lis prosecuted in an arbitration will
be a lis that could, had the parties preferred, have been prosecuted in court. The law of
champerty has its origins in, and must still be based upon, perceptions of the requirements of
the one hand and arbitration proceedings on the other that would cause contingency fee agree-
ments to offend public policy in the former case but not in the latter. In principle and on authority,
the law of champerty ought to apply, in my judgment, to arbitration proceedings as it applies to
-
cient interest to sustain the transaction, what does it matter if the cause of action is to be prosecuted
in court or in an arbitration? If it is contrary to public policy for a lawyer engaged to prosecute a
cause of action to agree that if the claim fails he will be paid nothing but that if the claim succeeds
he will receive higher fee than normal, what difference can it make whether the claim is prosecuted
in court or in an arbitration?”2
2.
1 *
DeForest
Kluwerarbitrationblog.com
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