What is the role of third-party funding in international litigation?

Third-party funding (TPF) is becoming increasingly popular in international litigation as a way to fund legal action that may otherwise be beyond the resources of the parties involved. It refers to the provision of financial resources from an external, non-involved source to cover the costs of a legal action that one of the parties may not be able to afford. The primary role of third-party funding in international litigation is to provide much needed financial support, allowing those with a legitimate legal claim to pursue their case without financial burdens. This can help even the playing field between litigants and provide access to justice to those who are in a weaker financial position. In addition, third-party funding can help spread risk, as the funders will typically cover the costs of the legal action, as well as any legal fees and court costs that may be incurred. This can be beneficial for those who are uncertain about the outcome of the legal action, as well as for those who are taking part in a litigation procedure that carries a high risk of failure. Third-party funding can also help to increase the number of cases that are brought before the court, as financial constraints can often be a barrier to litigation. By providing financial backing, TPF can help to promote legal action that may previously have been out of reach. Overall, TPF has the potential to be a significant asset in international litigation, by providing necessary financial resources and reducing barriers to legal action. It can potentially help to spread risk and encourage proceedings that are necessary but expensive, helping to ensure that all parties have access to justice.

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