GAR Live Lookback: Istanbul - How to 'do' third-party funding

GAR Live Lookback: Istanbul - How to 'do' third-party funding

19 January 2018

How to ‘do’ third-party funding was the question behind session three of GAR Live Istanbul 2017. Guided by Mark Beckett, partner at Cooley and co-chair of the conference, the panel delved into funding's inner workings, offering a rare glimpse of how it works in real life.

Thursday, 21 June 2018, Istanbul, Turkey

E-mail Tel: +44 203 780 4137


Utku Coşar

Coşar Avukatlık Bürosu

“Sources describe Utku Coşar as “an exceptional talent” in dispute resolution who stands out due to her “incredible diligence and commitment to excellence and going the extra mile.” She regularly represents clients in Turkish trial and appeal courts and is viewed as “one of the leading if not the leading arbitration expert in Turkey.” – Chambers Global

“Coşar is ‘top notch – she is very smart and relentlessly dedicated to her cases, and is a leading arbitrator in Turkey’.’” – Legal 500

Member of the American Bar Association, International Bar Association, New York State Bar Association, Istanbul Bar Association, London Court of International Arbitration’s European Users’ Council and International Council for Commercial Arbitration.

2017 Programme

8.30: Welcome coffee and registration

9.00: Chairs’ opening remarks

Mark Beckett, Cooley
Utku Coşar, Coşar Avukatlık Bürosu

9.10: Session one – Rules Innovations: Are procedural innovations always helpful, or just in part?

When it comes to arbitral rules, how useful have recent innovations been? Are there obvious further pieces of innovation that institutions could try, and what lies ahead when it comes to adding tools and powers to arbitral rules? 

A few of the innovations that will be discussed include:

- Summary procedure and early dismissal of claims – Useful contribution to efficiency or contrary to the “spirit of arbitration” and unnecessary and potentially counterproductive?
- Emergency arbitrator proceedings and expedited arbitration too many differences in approach? Is expedited arbitration so fast that it compromises decision-making?
- Dealing with complex disputes, multiple parties, and third party extension:  Have the rules risen to the challenges or not gone far enough?
- Policing of arbitrator’s remuneration – increasing efficiency, or are there unintended consequences?

Utku Coşar, Coşar Avukatlık Bürosu

Brian King, Freshfields Bruckhaus Deringer
Orçun Çetinkaya, Moroğlu Arseven
Diana Akikol, ABR Attorneys at Law
Can Yeginsu, 4 New Square

10.30: Coffee break

11.00: Session two – GAR Live symposium

Our espresso version of the popular Tylney Hall format.

Ercüment Erdem, Erdem & Erdem
Rachel Thorn, Cooley

12.30: Networking lunch sponsored by Coşar Avukatlık Bürosu

13.30: Lunchtime address 

Prof. Dr. Ziya Akinci, Akıncı

14.00: Session three – How to do 3rd party funding

Our ‘how to’ guide on funding. Amongst other things, the panel are expected to discuss:

- The quest for capital - How to find the best funder and terms. 
- Diligencing the claim - The role of the client, the firm and the funder. 
- Getting the deal done - Structure, commercial terms, legal terms and insurance products. 
- Navigating the three-way relationship of funder, client and lawyer - Issues of privilege, control, risk mitigation and ethics.
- Whose business is it? Should third-party funding arrangements be disclosed in arbitrations?

Mark Beckett, Cooley

Mehmet Karlı, Senior Researcher, University of Oxford and Kabine Law Office
Anne K Hoffmann, Clyde & Co
Noyan Göksu, Göksu Avukatlιk Bürosu
Berna Güngenci, General Counsel & Ethics Officer, Engie Turkey
David Kay, Tenor Capital Management

15.30: Coffee break

16.00: Session four – A mock arbitration – the dos and don’ts of cross examination

This interactive session will see advocates and witnesses act out elements of a fictitious arbitration. The panel will address a number of issues frequently encountered in cross examination and provide a critique of the mock session.

Mark McNeill, Shearman & Sterling

Andrew Wynn, Senior Managing Director, FTI Consulting
Duncan Speller, WilmerHale
Paul Stothard, Norton Rose Fulbright
Steve Hammond, Hughes Hubbard & Reed

17.20: Chairs' closing remarks

Mark Beckett, Cooley
Utku Coşar, Coşar Avukatlık Bürosu

17.30 onwards: All delegates are invited to attend a drinks reception hosted by Cooley 

Istanbul, Turkey