Category: Litigation Costs

ICC Institute’s Conference: Third Party Funding in International Arbitration, Paris, November 26, 2012

We have covered litigation funding on several occassions. Third party funding is becoming increasingly relevant not only in litigation – a topic that I will address at the C5 Conference in London on November 29, 2012 – but also in arbitration.

Therefore, the ICC Institute devotes its Annual Meeting 2012 to the issue, in recognition of the fact that, as the ICC put it,  “the solution offered by third-party funding has undoubtedly become a fact of life in the world of arbitration, despite reservations in some quarters.” The conference will consider the various funding techniques specific to international arbitration and look at some of the legal issues raised by such funding and the reactions it may arouse amongst international arbitration practitioners. Details can be found here.

 

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Litigation Funding and Success Fees: A Risky Combination

In an earlier post, I had said that the regulatory environment for litigation funding in Germany is pretty straight forward. However, success fees remain by and large illegal in this country, a certain liberalization in 2008 not withstanding. Which makes for a potentially dangerous combination. A recent judgment (paywalled) by the Court of Appeals (Oberlandesgericht) Munich dealt with the intersection of litigation funding on the one hand and success fees on the other hand. Read More

Preventing Precedent – Good or Bad?

Whatever they told you in law school about the difference between common law system based on case law and a codified civil law system, the truth of the matter is that even a codified civil law system heavily relies on precedent. But in high-profile matters such as Lehman certificates litigation or or disputes about Clerical Medical’s life insurance policies, the creation of new precedents has increasingly been prevented, causing controversy. In these matters, typically dozens or even hundred of similar cases are pending in different district courts and courts of appeals across the country, all eagerly waiting for Federal Supreme Court (Bundesgerichtshof) in Karlsruhe to issue guidance. Read More

Pay Rise for German Lawyers: Fees to Go Up By 19% !

Sounds great. In theory. In practice, statutory legal fees for lawyers have not been raised since 2004, and notary’s fees have even remained unchanged since 1987. So there is a bit of catching up against inflation to be done – a technicality not likely to be picked up by the popular press. Anyway, draft legislation (Zweites Kostenrechtsmodernisierungsgesetz) that is currently being discussed proposes to increase legal fees in the order of 19%. Read More