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contributor authorMurali Jagannathan
contributor authorUlrike Quapp
contributor authorVenkata Santosh Kumar Delhi
date accessioned2022-01-31T23:28:50Z
date available2022-01-31T23:28:50Z
date issued8/1/2021
identifier other%28ASCE%29LA.1943-4170.0000486.pdf
identifier urihttp://yetl.yabesh.ir/yetl1/handle/yetl/4269796
description abstractDisputes in construction projects are a common phenomenon around the world. The practice of approaching courts to resolve disputes, a risk-seeking behavior of parties in a dispute, is influenced by several factors. The availability of litigation risk transfer instruments like litigation insurance (LI) and third-party litigation funding (TPLF) can potentially change the litigious behavior of disputants. LI and TPLF markets have evolved differently in various jurisdictions around the world. The variation in the maturity levels provides a research opportunity to distill and document the learnings pertaining to the growth LI and TPLF in matured regimes and apply them in nascent markets. In this research, the authors consider the German (matured market for LI and TPLF) and Indian (nascent market) jurisdictions to identify potential focus areas influencing the growth of litigation risk transfer instruments. With reference to TPLF, this study concludes that while the legal framework is no doubt important in creating a favorable climate for adoption, its growth is influenced by agreement-level factors.
publisherASCE
titleLitigation Risk Transfer Mechanisms in Construction Dispute Resolution Process: Cross-Case Analysis
typeJournal Paper
journal volume13
journal issue3
journal titleJournal of Legal Affairs and Dispute Resolution in Engineering and Construction
identifier doi10.1061/(ASCE)LA.1943-4170.0000486
journal fristpage04521018-1
journal lastpage04521018-9
page9
treeJournal of Legal Affairs and Dispute Resolution in Engineering and Construction:;2021:;Volume ( 013 ):;issue: 003
contenttypeFulltext


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