Dr Can Ekan
REGULAR COLUMNIST
Dr Can Eken is an Assistant Professor at Durham Law School, Durham University, where he also serves as Co-Director of the Durham International Dispute Resolution Institute (DIDRI). He is a qualified lawyer, admitted to practice as an attorney in California and Türkiye, and as a solicitor in England and Wales.
Dr Eken’s research and teaching centre on international dispute resolution, with a particular focus on international commercial and investment arbitration. He is also a Fellow of Advance HE (FHEA) in the United Kingdom, a Fellow of the Chartered Institute of Arbitrators (FCIArb), and an accredited civil and commercial mediator.
Articles
Recovering Third-Party Funding Fees in Investment Arbitration
By Dr Can Eken and Peilin Chen Investment arbitration is expensive, and third-party funding now forms part of ISDS practice. Funding, however, comes at a price. When a funded claimant succeeds, it will usually owe its funder a success-based funding fee, which can be substantial. In commercial arbitration, tribunals have already permitted such fees to be recovered from the losing ...
Revisiting Third-Party Funding after PACCAR: Insights from the Civil Justice Council’s Report
By Dr Can Eken The PACCAR decision has had a profound impact on the third-party funding market. The Supreme Court held that many third-party funding agreements could, in practice, be rendered unenforceable. Moreover, the judgment did not operate prospectively. It contained no “from now on” limitation, meaning that its effect could extend retrospectively to funding agreements concluded both before and ...
