Document Type
Article
Publication Date
2-2015
ISSN
0270-5192
Publisher
Yeshiva University Benjamin N. Cardozo School of Law
Language
en-US
Abstract
Third-party litigation funding is no longer a new phenomenon, but rather is a mainstay in global commerce and dispute resolution. Yet many observers still consider the third-party litigation funding industry as a “wild west” due to a lack of regulation in many countries. Some of the countries that have regulations suffer from a lack of uniformity and an array of conflicting laws at the sub-national level (i.e., the laws of states, provinces, territories, etc.). For example, the United States has a confusing patchwork of state laws on third-party litigation funding. This Article proposes harmonizing the regulatory framework for third-party litigation funding in the United States by identifying the three categories of interactions— transactional, procedural, and ethical—that make up third-party litigation funding, and suggesting avenues for regulation within those three categories. This approach will weave a regulatory “safety net” of minimum standards for the behaviors and interactions of the players in third-party litigation funding arrangements to ensure the integrity of the dispute resolution system in which they invest and participate.
Recommended Citation
Victoria Sahani,
Harmonizing Third-Party Litigation Funding Regulation
,
in
36
Cardozo Law Review
861
(2015).
Available at:
https://scholarship.law.bu.edu/faculty_scholarship/3482
