Seminar Series Trends and Challenges in Costs and Funding of Civil Justice - Fourth Seminar
News
APPLIED workshop
On October 23rd Jos Hoevenaars joined an international group of experts in a workshop organized by the researchers of the Assessing Collective Private Parties’ Litigation in the Economy of Data (APPLIED) project. It aims to explore the evolving landscape of data protection litigation within the EU, focusing on the effectiveness of collective private enforcement (CPE). The workshop’s goal was to connect the relevant debates in the field of collective redress and data protection law, as well as explore how they relate to issues of private enforcement in the emerging fields of platform and data law. It brought together academics working in various fields surrounding collective data protection litigation in the EU. Jos was asked to comment on the project design and preliminary findings as well as provide reflections based on his expertise around the funding of collective actions.
More on the APPLIED project can be found here.
Published: April 5, 2022
From December 2021 – June 2022, the team of the Vici project ‘Affordable Access to Justice’ at Erasmus School of Law organizes an online seminar series dedicated to Trends and Challenges in Costs and Funding of Civil Justice.
The fourth seminar was dedicated to Litigation Funding in Europe: A Market Perspective and took place on 23 March 2022, 15-17 CET. The funding of the costs of litigation, an essential dimension of accessing civil justice, was discussed. Among the topics presented were the current litigation funding landscape in Europe with particular attention to Third Party Funding (TPF) and collective redress. The pricing considerations for TPF and the ethical implications of TPF in international arbitration were also discussed.
Stefaan Voet (KU Leuven University) gave a brief overview of the current litigation funding landscape in Europe, with particular attention to third party litigation funding and collective redress and current and possible forthcoming legislation on TPF.
Thomas Kohlmeier (Nivalion AG) compared different concepts to provide access to justice such as legal aid, legal expenses insurance and TPF, with a special focus with a special focus on the pricing considerations for TPF.
Yihua Chen (Erasmus School of Law) discussed whether the existing international arbitration regime can adequately address the ethical implications of third-party funders for the professional conduct of arbitrators and lawyers representing clients. He focussed on the ethical implications for the independence and impartiality of arbitrators, as well as for the lawyers’ independence and their professional obligations to funded parties and arbitral tribunals.