Papers by Abimanyu W Kadarisman
Indonesian Journal of International Law, 2019
Third-party funding has been commonly used in International Investment Arbitration. Thirdparty fu... more Third-party funding has been commonly used in International Investment Arbitration. Thirdparty funders increasingly usually finance the claimant who either (i) does not have sufficient funding to start legal proceedings, or (ii) adequately capitalized, but seek funding in order to minimize cash flow disruption and share risk during their arbitration proceedings. However, the notion of third-party funding gives rise to several issues; first, should funded parties be required to disclose their funding arrangements? Following the first research question, when does the funded party need to disclose the existence of a third-party funder? Then what legal measures can be taken to tackle the concern of transparency and disclosure in cases involving third-party funding? This research concentrates on the transparency and disclosure requirements, which is the central issue that influences further development and use of third-party funding arrangements in international arbitration. Analysis of relevant treaties, laws, guidelines, and case laws drives us to the conclusion that there exist measures and several drains the current international arbitration system that will serve a transparency system to control third-party funding. Hence, it would be appropriate for arbitration institute or investment treaties to take these tools into account in order to provide legal certainty for the disputing parties, arbitral tribunal, and ultimately, for the legal framework of third-party funding in investment arbitration..
Third-party funding has been commonly used in International Investment Arbitration. Third-party f... more Third-party funding has been commonly used in International Investment Arbitration. Third-party funders increasingly usually finance the claimant who either (i) does not have sufficient funding to start legal proceeding, or (ii) adequately capitalized, but seek funding in order to minimize cash flow disruption and share risk during their arbitration proceedings. However, the notion of third-party funding gives rise to several issues, first, should funded parties be required to disclose their funding arrangements? Following the first research question, when does the funded party need to disclose the existence of a third-party funder? Then what legal measures that can be taken to tackle the concern of transparency and disclosure in cases involving third-party funding? This research concentrates on the transparency and disclosure requirements, which is the major issue that influences further development and use of third-party funding arrangement in international arbitration. Analysis of relevant treaties, laws, guidelines, and case laws drive us to the conclusion that there exist measures and several drains the current international arbitration system that will serve a transparency system to control third-party funding. Hence, it would be appropriate for arbitration institute or investment treaties to take these tools into account in order to provide legal certainty for the disputing parties, arbitral tribunal, and ultimately, for the legal framework of third-party funding in investment arbitration.
Books by Abimanyu W Kadarisman
One of the most important natural resources for humans is the diversity of wildlife that is on th... more One of the most important natural resources for humans is the diversity of wildlife that is on this earth. Every country in the world each have a diversity of wildlife; some examples are Comodo dragons come from the island of Komodo, Indonesia, giant panda came from Shaanxi Province, China, wildebeest from the Serengeti, the grizzly bear from Alaska and United States, and synchronous fireflies from Selangor Malaysia.
Due to existing issue, the international community has realized that it is essential to preserve the wildlife on earth, and to prevent f wildlife poaching and trading on endangered species. However, there are several people which do not realize that protecting endangered species is something extraordinary. From the report which has been released by the World Wildlife Fund (WWF) which warned that the illegal trade of endangered animals and parts of the body which has now reached a value of 19 billion US dollars not only threatens the habitat and survival of various species of the world but also threaten the stability of government and the national security of all countries involved. This report reveals that efforts have been made to reduce the rate of illegal trade in body parts rhinos, elephants and other endangered species are increasingly experiencing problems in dealing with the trade of endangered species on an international level. The past president of the World Wildlife Fund (WWF) states that “the resistance effort was almost defeated by the technology, resources, and organizational strengths possessed by them".
Drafts by Abimanyu W Kadarisman
A Arbitration as a non-court dispute resolution mechanism has several advantages over general cou... more A Arbitration as a non-court dispute resolution mechanism has several advantages over general court settlement. As it is known that dispute settlement in court takes place on several levels-if any party is not satisfied with the verdict, one can take legal action – it is also known that it is often time-consuming. In addition to public court proceedings with strict procedural laws which do not meet the needs of business people demanded a quick and closed-ended dispute resolution to safeguard their business reputation. Moreover, The implementation of the seizure of goods is an extraordinary action which is not required to be requested if there is sufficient indication of the defendant intending to assign or transfer their property during the examination of the case with the intention of harming the plaintiff. With the seizure of the defendant's property, the defendant's may lose their right to transfer or encumber the property with a material guarantee. The right of ownership of the possessed property is regulated by law. Therefore, the implementation of seizure in civil procedure law must be carried out proportionally and carefully to avoid the misappropriation of the law which may infringe the right of the defendant causing harm to him. The implementation of the confiscation of the arbitration tribunal should already remain within the jurisdiction of the judiciary, but there is no provision of law allowing the courts of Indonesia to intervene in the matter. Furthermore, even though Indonesia's arbitration has been running for decades, Indonesia is still considered as a non-friendly arbitration country.
Uploads
Papers by Abimanyu W Kadarisman
Books by Abimanyu W Kadarisman
Due to existing issue, the international community has realized that it is essential to preserve the wildlife on earth, and to prevent f wildlife poaching and trading on endangered species. However, there are several people which do not realize that protecting endangered species is something extraordinary. From the report which has been released by the World Wildlife Fund (WWF) which warned that the illegal trade of endangered animals and parts of the body which has now reached a value of 19 billion US dollars not only threatens the habitat and survival of various species of the world but also threaten the stability of government and the national security of all countries involved. This report reveals that efforts have been made to reduce the rate of illegal trade in body parts rhinos, elephants and other endangered species are increasingly experiencing problems in dealing with the trade of endangered species on an international level. The past president of the World Wildlife Fund (WWF) states that “the resistance effort was almost defeated by the technology, resources, and organizational strengths possessed by them".
Drafts by Abimanyu W Kadarisman
Due to existing issue, the international community has realized that it is essential to preserve the wildlife on earth, and to prevent f wildlife poaching and trading on endangered species. However, there are several people which do not realize that protecting endangered species is something extraordinary. From the report which has been released by the World Wildlife Fund (WWF) which warned that the illegal trade of endangered animals and parts of the body which has now reached a value of 19 billion US dollars not only threatens the habitat and survival of various species of the world but also threaten the stability of government and the national security of all countries involved. This report reveals that efforts have been made to reduce the rate of illegal trade in body parts rhinos, elephants and other endangered species are increasingly experiencing problems in dealing with the trade of endangered species on an international level. The past president of the World Wildlife Fund (WWF) states that “the resistance effort was almost defeated by the technology, resources, and organizational strengths possessed by them".