contributor author | Murali Jagannathan | |
contributor author | Ulrike Quapp | |
contributor author | Venkata Santosh Kumar Delhi | |
date accessioned | 2022-01-31T23:28:50Z | |
date available | 2022-01-31T23:28:50Z | |
date issued | 8/1/2021 | |
identifier other | %28ASCE%29LA.1943-4170.0000486.pdf | |
identifier uri | http://yetl.yabesh.ir/yetl1/handle/yetl/4269796 | |
description abstract | Disputes 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. | |
publisher | ASCE | |
title | Litigation Risk Transfer Mechanisms in Construction Dispute Resolution Process: Cross-Case Analysis | |
type | Journal Paper | |
journal volume | 13 | |
journal issue | 3 | |
journal title | Journal of Legal Affairs and Dispute Resolution in Engineering and Construction | |
identifier doi | 10.1061/(ASCE)LA.1943-4170.0000486 | |
journal fristpage | 04521018-1 | |
journal lastpage | 04521018-9 | |
page | 9 | |
tree | Journal of Legal Affairs and Dispute Resolution in Engineering and Construction:;2021:;Volume ( 013 ):;issue: 003 | |
contenttype | Fulltext | |