Third-party arbitration funding in the Netherlands

Nowadays, the Netherlands has a developing third-party arbitration funding market. A lot of international funders are active on the Dutch market. Third-party funding is more typical in the Dutch court litigation funding. Funders are active in relation to cartel damages follow-on litigation, at the enforcement stage, in relation to both arbitral awards and court judgments. Funding respondents appear less common. Claimants use arbitration or litigation risk insurance as an alternative to third-party funding. The initial fees are covered by the claimant and, in case of a negative outcome, by the insurer.

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Summarized by Natalia Tsar.

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