Third-party Funding Research Articles

Investing in Responsible Litigation: Third-Party Funding for Public Interest Litigation

Investing in Responsible Litigation: Third-Party Funding for Public Interest Litigation

ANALISIS DAMPAK IMPLEMENTASI STRATEGI CROSS SELLING PADA PENAMBAHAN DANA PIHAK KETIGA SERTA PENAMBAHAN JUMLAH NASABAH FUNDING DI PERUMDA BPR BANK DAERAH KOTA MADIUN

The main objective of this research is to investigate how the cross-selling strategy is applied and how it affects the collection of third party funds. Second, examine the obstacles to cross selling strategies in raising third party funds. Third, look into how the cross-selling approach is being used and how that is affecting the amount of money raised for third party funds. This study uses a field research methodology and is qualitative-descriptive in nature. Madiun City Regional Bank, People's Credit Bank (BPR), and Regional Public Company (Perumda) served as the research subjects. This study's objective is to develop a cross-selling strategy that will boost third-party funding. Documentation, interviews, and observation are methods used to collect data. The three stages of the data analysis procedure were data reduction, data display, and conclusion drawing. To determine the veracity of the data, take into account using source triangulation. First, the research's findings indicate that the Tabunganku Product becomes the primary account when cross-selling is implemented. Furthermore, you can get other services, namely having more than one savings product account, lower credit interest, receiving deposit interest and disbursing credit through your Tabunganku account. Second, the obstacles are competition with conventional banks, savings cannot be disbursed at any time, and lack of communication with customers. Third, the impact that arises is customer loyalty, increasing income, reducing time and costs, and maintaining public trust in using third party fund products.

An evaluation of third-party funding in commercial arbitration

Arbitration as a dispute resolution mechanism aims to advance access to justice in accordance with Goal 16 of the United Nations Substantiable Development Goals (SDGs). One key issue in arbitration law and practice is the role of third-party funders in fundraising for the arbitration or even litigation process. Third Party Funding (TPF) has grown as a practice of financial responsibility for litigation or arbitration by sponsors that are not parties to a dispute, but whose interest is return for their investment. Such an arrangement may cover major litigation or arbitration costs, as well as other miscellaneous costs. The practice contradicts well established legal principles such as privity of contract and/or complements party autonomy, but the enormous advantages it offers, such as faster access to justice and investment opportunities cannot be ignored. Whilst the concept has developed in advanced countries it is yet to take shape in developing nations like Nigeria. The methodology deployed is doctrinal with primary and secondary sources being the content of Statutes, Bills and Case law. Online sources were also relied upon for secondary sources. The study found that TPF will assist in higher fundraising for litigation and arbitration, that it applies mainly to claimants and will increase access to justice. It is recommended that funds be made available to Defendants too and that developing countries should embrace the practice.

Egypt: Recent Developments in Arbitration Law

Egypt: Recent Developments in Arbitration Law

(Un)Doing performative decolonisation in the global development ‘imaginaries’ of academia

In Western academic spaces, more and more stakeholders are claiming commitments to ‘decolonisation’. Yet in environments shaped by rankings, impact factors, citation numbers and third-party funding figures, what claims to be decolonial scholarship can easily end up being as extractive and violent as the subject it is claiming to confront. In this article, we reflect on attempts to decolonise both the discipline and practice of ‘development’, especially with regard to knowledge ‘production’ in this academic disciplinary space. We are doing this from a particular situatedness that is itself contradictory, as we are both facilitators of an EU-funded network focused on ‘Decolonising Development’ and of Convivial Thinking, a non-institutional, transnational web-based collective. We argue that imperial forms of knowing and making sense of the world are deeply entrenched in the structures of higher education, both shaping and limiting the ways in which what we call ‘development’ is researched, taught and practised. By reflecting on instances of academic activism and institutional pushback in both aforementioned networks, we show how institutional violence limits scholarly imaginations in ways that make sure academic or dominant knowledge structures are not radically challenged, thereby making claims of decolonisation purely performative. Despite this, we also point to concrete openings in both networks where undoing the entanglements of decolonising narratives, ‘development’ and the imperatives of scholarship – and thereby dismantling the master’s house that sustains it – seems within reach.

Research on the Third-party Funding System and China's Response

Research on the Third-party Funding System and China's Response

The Role of Inflation and The Performance of Rural Banks on Indonesia’s Economic Growth

The Role of Inflation and The Performance of Rural Banks on Indonesia’s Economic Growth

Examining the Effect of Third-Party Funding and Non-Performing Loan on Syariah Banking Financing: Moderating Role of Profitability

Today, the expansion of the Sharia banking industry has shown sustained development over time, indicating satisfactory growth and enhancement, particularly in asset accumulation. Profitability moderates the relationship between third-party funds and non-performing financing on financing in Sharia banking (a case study of all Sharia commercial banks for 2018-2022). This study determines the influence of Third-Party Funds (DPK) and non-performing Financing (NPF) on financing with profitability as a moderating variable. This research uses a type of research, namely quantitative research using Moderated Regression Analysis (MRA). The samples used were 10 banks. The analytical tool used is multiple linear analysis using the EVIEWS application. Research results show that third-party funds have no effect on financing at Sharia Commercial Banks, non-performing financing has no effect on financing at Sharia Commercial Banks, and profitability cannot moderate third-party funds and non-performing financing on financing at Sharia Commercial Banks.

Profitability as a Mediation for Problem Loans, Third-Party Funds, BI Rate on Company Value

This research from 2016 to 2022 intends to understand the relationship between the Islamic banking sector in Indonesia, company value, where profitability is the mediator between non-performing loans and third-party funds, and interest rates. This methodology uses purposive sampling to produce nine samples representing Islamic financial institutions. The criteria is an annual banking report, which can be obtained on the bank's official website or at the OJK. The quantitative descriptive methodology used in this research consists of the Sobel test and panel data regression analysis. Data analysis findings show that while profitability and the BI rate impact a company's value less, non-performing loans and third-party funding do. Profitability is unaffected by BI rates, non-performing loans, and third-party funding. Profitability does not mitigate the effect of third-party financing, non-performing loans, and the BI rate on a company's value.

Experimental Environment in Radiology: Sustainable Research

Research requires large sums of money that are indirectly provided by taxpayers. It is therefore important that research is sustainable and does not just serve the career development of individuals. The aim of this article is to discuss what sustainable research in radiology is, how it can be organised and, above all, to show that it is possible.There are various approaches to achieving sustainability, ranging from purely gaining knowledge to translated devices and contrast agents, and to new clinical applications. The first step is to clarify exactly what is intended to be achieved with the research and critically weigh up the novelty value and the expected impact. This should be followed by careful, long-term planning of the project over a period of 5-15 years with the definition of clear sub-steps. Securing funding is just as important here as regular communication of the results. It often makes sense to involve the regulatory authorities and commercialisation partners in the project at an early stage.Academic radiology should not limit itself to serving as a test platform for imaging devices and contrast agents from industry, but should try to realise its own ideas and developments. Many academic centres around the world have shown that this is possible. Examples from my own research, particularly in relation to the development and translation of super-resolution ultrasound imaging and the development of diagnostics and nanopharmaceuticals, are explained in this article and challenges at various stages of development are discussed. Young radiologists are encouraged to set bigger and more long-term goals in order to influence and develop our field in a sustainable way. · Sustainable research requires creativity and careful planning. · Sustainable research can start at several stages of the technical readiness level. · Long-term planning of the overall concept (5-15 years) with clear intermediate steps is essential. · Cooperation with industry is often useful. · Acquisition of third-party funding must be ensured at the same time.

INDIA: THIRD-PARTY FUNDING IN PRACTICE OF INTERNATIONAL ARBITRATION

High expenses are associated with international investment arbitration. To save the additional expenditure of the adjudication, parties typically prefer sponsored third-party ar bitration proceedings. On the other hand, the third-party funder is interested in funding the arbitration to benefit significantly from the dispute’s resolution. Interestingly, the arbitrators should be able to overlook the Third-Party Funding [TPF] issue to gain the necessary compe tency. Their competence is limited to disputes between the foreign investor and the host state only. This article discusses the concept and legal status of the third-party funder in arbitration. Keywords: Arbitration, third-party funding, expenses, adjudication, disputes, dispute resolution.

Authorship regulations in performance-based funding systems and publication behaviour – A case study of German medical faculties

This article investigates whether German medical faculties with different authorship regulations show different publication patterns. In 2004, the German Research Foundation (DFG) suggested a formula consisting of third-party funding, the cumulated JIF of publications and a fractional counting of publications to counteract the increasing inflation of author counts in medical publications. Whereas the third-party funding and the JIF are generally used in research evaluation without variation, the authorship regulation differs among medical faculties. We therefore compare medical faculties using the DFG model - to credit first and last authors with a higher share than middle authors - with those faculties that apply whole counting. We answer the question whether the faculties with the different counting methods also show different authorship and publication behaviour, i.e., authorship and collaboration patterns, the choice of journals (JIF level) and the citation impact (share of highly-cited papers). Findings indicate a clear trend of increasing co-author numbers and of middle-author papers, irrespective of authorship regulation. Publications with DFG model have only a slightly lower average author count and lower shares of middle-author papers than whole-counted publications. Our findings suggest that the DFG regulation has not resulted in a reduction of the number of authors, which was a major aim. Moreover, the results show that the use of whole counting goes together with higher productivity and higher impact, which may be a good reason to select that model.

Mapping the German Diamond Open Access Journal Landscape

In the current scientific and political discourse surrounding the transformation of the scientific publication system, significant attention is focused on Diamond Open Access (OA). Diamond OA is characterized by no charges for readers or authors and relies on monetary allowances and voluntary work. This article explores the potential and challenges of Diamond OA journals, using Germany as a case study. Two key questions are addressed: first, the current role of such journals in the scientific publication system is determined through bibliometric analysis across various disciplines. Second, an investigation is conducted to assess the sustainability of Diamond OA journals and identify associated structural problems or potential breaking points. This investigation includes an in-depth expert interview study involving 20 editors of Diamond OA journals. The empirical results are presented using a landscape map that considers two dimensions: 'monetized and gift-based completion of tasks' and 'journal team size.' The bibliometric analysis reveals a substantial number of Diamond OA journals in the social sciences and humanities, but limited adoption in other fields. The model proves effective for small to mid-sized journals, but not for larger ones. Additionally, it was found that 23 Diamond OA journals have recently discontinued their operations. The expert interviews demonstrate the diversity within the landscape and the usefulness of the two dimensions in understanding key differences. Journals in two of the four quadrants of the map exemplify sustainable conditions, while the other two quadrants raise concerns about long-term stability. These concerns include limited funding leading to a lack of division of labor and an excessive burden on highly committed members. Gift-like contributions, while appealing, also present challenges as potential donors not only decide whether to contribute but also how to contribute, potentially creating friction between the gift and the journal's requirements. Furthermore, journals in the lower right quadrant often rely on third-party funding, necessitating a transformation once the funding expires. Common pathways for sustaining operations include lobbying for funding at the journal's home institution or increasing reliance on gift-based completion of tasks. These findings underscore the need for the development of more sustainable funding models to ensure the success of Diamond OA journals.

Addressing the Costs Imbalance Resulting from Third-Party Funded Investment Claims

Third-party funding (TPF) has become a hot topic in investment arbitration, and its significant growth has provoked concerns from policymakers, academics, and states. One of the issues raised most frequently has been its impact on costs and security for costs orders. Growing case law suggests that states will likely be held liable for the funded legal costs of the claimant and may even be held liable for the costs incurred by the claimant to obtain funding. At the other end of the spectrum, states face the risk of being unable to recover their costs as the use of funding facilitates access to financially distressed investors. This article highlights that the current arbitral practice and legal framework have brought about a situation in which funders and claimants are able to transfer the risk associated with funding to states. It also demonstrates that the proposed options to address states’ concerns, namely holding funders liable for adverse costs and requesting security for costs, are unlikely to function as solutions. Thus, this article argues that unless appropriate amendments or reforms are undertaken to address this imbalance, states will be unfairly burdened for the benefit acquired by the claimant and funder. Third-Party Funding, Investment Arbitration, Security for Costs, Allocation of Costs, Funder Liability, Costs of Funding, Recovery of Costs, Reform of ISDS

Third-Party Funding in International Arbitration: An Analysis of Policy Challenges and Practical Considerations

Third-Party Funding in International Arbitration: An Analysis of Policy Challenges and Practical Considerations

Prolonged mHealth-Based Arrhythmia Monitoring in Patients With Hypertrophic Cardiomyopathy (HCM-PATCH): Protocol for a Single-Center Cohort Study.

Patients with hypertrophic cardiomyopathy (HCM) are at increased risk of sudden cardiac death (SCD) due to ventricular arrhythmias and other arrhythmias. Screening for arrhythmias is mandatory to assess the individual SCD risk, but long-term electrocardiography (ECG) is rarely performed in routine clinical practice. Intensified monitoring may increase the detection rate of ventricular arrhythmias and identify more patients with an increased SCD risk who are potential candidates for the primary prophylactic implantation of an implantable cardioverter-defibrillator. To date, reliable data on the clinical benefit of prolonged arrhythmia monitoring in patients with HCM are rare. This prospective study aims to measure the prevalence of ventricular arrhythmias in patients with HCM observed by mobile health (mHealth)-based continuous rhythm monitoring over 14 days compared to standard practice (a 24- and 48-h long-term ECG). The frequency of ventricular arrhythmias in this 14-day period is compared with the frequency in the first 24 or 48 hours for the same patient (intraindividual comparison). Following the sample size calculation, 34 patients with a low or intermediate risk for SCD, assessed by the HCM Risk-SCD calculator, will need to be recruited in this single-center cohort study between June 2023 and February 2024. All patients will receive an ECG patch that records their heart activity over 14 days. In addition, cardiac magnetic resonance imaging and genetic testing data will be integrated into risk stratification. All patients will be asked to complete questionnaires about their symptoms; previous therapy; family history; and, at the end of the study, their experience with the ECG patch-based monitoring. The Hypertrophic Cardiomyopathy: Clinical Impact of a Prolonged mHealth-Based Arrhythmia Monitoring by Single-Channel ECG (HCM-PATCH) study investigates the prevalence of nonsustained ventricular tachycardia (ie, ≥3 consecutive ventricular beats at a rate of 120 beats per minute, lasting for <30 seconds) in low- to intermediate-risk patients with HCM (according to the HCM Risk-SCD calculator) with additional mHealth-based prolonged rhythm monitoring. The study was funded by third-party funding from the Department of Cardiology and Intensive Care Medicine, University Hospital Ostwestfalen-Lippe of Bielefeld University in June 2023 and approved by the institutional review board in May 2023. Data collection began in June 2023, and we plan to end the study in February 2024. Of the 34 patients, 26 have been recruited. Data analysis has not yet taken place. Publication of the results is planned for the fall of 2024. Prolonged mHealth-based rhythm monitoring could lead to differences in the prevalence of arrhythmias compared to 24- and 48-hour long-term ECGs. This may lead to improved identification of patients at high risk and trigger therapeutic interventions that may provide better protection from SCD or atrial fibrillation-related complications such as embolic stroke. Deutsches Register Klinischer Studien DRKS00032144; https://tinyurl.com/498bkrx8. DERR1-10.2196/52035.

Strategies for China’s Response to and Improvement of Third-Party Funding in International Investment Arbitration

China should prioritize the establishment and enhancement of a third-party funding system. It should actively refine the existing arbitration rules, addressing any loopholes in the current regulatory framework. Comprehensive measures should be implemented to regulate third-party funding, aligning with international trends. This is crucial not only to safeguard the foreign investment of the Chinese government and enterprises but also to position China as a globally influential arbitration center.

THE INFLUENCE OF CAR, ROA, FDR ON MURABAHAH FINANCING WITH NPF AS MODERATING VARIABLE

&lt;p&gt;This study aims to determine the effect of Capital Adequacy Ratio (CAR), Third Party Funding (TPF), Return on Assets (ROA), and Financing Deposit Ratio (FDR) on murabahah financing with Non Performing Financing (NPF) as a moderating variable. This study uses quantitative types using purposive sampling techniques by setting several criteria so that 50 observations and 10 Full-Fledged Islamic Banks are the research sample. This research uses secondary data from panel data at Full-Fledged Islamic Banks for 2018-2022. The results of this study show that: 1) The Capital Adequacy Ratio (CAR) has no effect and negatively impacts murabahah financing; 2) Third Party Funding (TPF) has a positive and significant effect on murabahah financing; 3) Return On Assets (ROA) has a positive and significant effect on murabahah financing; 4) Financing To Deposit Ratio (FDR) has no effect and negatively impacts murabahah financing; 5)&lt;em&gt; &lt;/em&gt;Non-performing financing (NPF) cannot moderate the influence of the Capital Adequacy Ratio on murabahah financing; 6) Non-performing financing (NPF) can moderate the influence of Third party funding on murabahah financing; 7) Non-performing financing (NPF) can moderate the influence of Return On Assets on murabahah financing; and 8) Non-performing financing cannot moderate the influence of the Financing To Deposit Ratio on murabahah financing.&lt;/p&gt;

Research on Regulations of Third-Party Funding in IIA

In recent years, third-party funding (TPF) in international investment arbitration (IIA) has made a significant impact both in theory and practice. Nowadays, a Chinese law firm (the "PRC law firm") acted as the sole agent in the international investment arbitration case AsiaPhos v. China and the Chinese party won the lawsuit. One of the petitioners in the suit, AsiaPhos (Asiahua Group), claimed that its board of directors and its subsidiaries had entered into a formal financial aid agreement with a US-based fund, namely TPF. The financial support offers an opportunity to approach justice to applicants in economic distress or intending to share arbitration risks and also produces deterrence to the host state from any improper behaviors harming the interests of investors. However, on the one hand, due to commercial litigation, the arbitrators and investors will have a conflict of interest, on the other hand, third parties and investors usually live abroad, where governments lack the relevant information and competence that require international cooperation. In addition, the host country, especially the developing country, will also face the high cost of investment arbitration, and solving the problem must be needed for relevant mechanisms. This article discusses the application and development of TPF in IIA and analyzes the negative impact of TPF based on some legal issues, and then proposes the relevant rules and policy. On this basis, the study also provides suggestions for the practice of TPF from the perspective of the Chinese party to promote the development of TPF and puts forward advice for international investment rule-making balance in China.

The impacts of third-party funding on cost decisions in investment arbitration

ABSTRACT The involvement of Third-party Funding (TPF) in investment arbitration disrupts the balance between the parties to an arbitration. Though a party’s reliance on external funding represents its impecuniousness to participate in an arbitration, many financially sound investors take TPF to reduce the risk associated with bringing a claim or are unwilling to stick their working capital in arbitration. The existence of TPF in arbitration is a material factor in deciding an order for security for arbitration costs. The third-party funder funds an investor to initiate arbitration and gets benefits from a cost award. However, the funder does not share an investor’s responsibility to pay an adverse cost. The funder’s immunity from adverse costs aggravates the demand for security for costs in a funded arbitration. While a claimant’s reliance on TPF is considered a material factor in issuing an order for security for its cost, this consideration, counter-wise, legitimizes the cost of funding as arbitration costs. Accordingly, the funding cost can be recoverable through an adverse cost award. The TPF consideration in an order for security for costs makes the funding arrangement a part of the arbitration proceedings. If the funding position of a party is considered in deciding an application for security for costs, it deserves equal consideration in awarding adverse arbitration costs. Establishing the funding cost as arbitration costs will increase the cost of the international arbitration and unjustly transfer public money to private entities.