The French Approach to Third-Party Funding:A Balance between Liberalism and Cautiousness

There are no provisions specifically governing third-party funding in French law. Unlike some common law systems, which are more restrictive in this respect, French law does not prevent the use of third-party funding in international arbitration.As amply attested in case law and legal commentary, France generally adopts a liberal approach to international arbitration. There are nonetheless areas where caution is called for.A case in point is the ethical duties of counsel dealing with funders.The Paris Bar recently took the unprecedented step of issuing a resolution that provides interesting and useful guidelines on this matter.