Mandatory Disclosure of Third-Party Funding (TPF) Arrangement
commonly, in the third party funding arrangments, the parties undertake not to disclose the contractual information. On the other hand, some legal systems consider transparency and access to the information of these contracts necessary in order to prevent the abuse of the third party funding, includ...
| Main Authors: | , |
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| Format: | Article |
| Language: | fas |
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Tarbiat Modares University
2022-12-01
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| Series: | پژوهش های حقوق تطبیقی |
| Subjects: | |
| Online Access: | http://clr.modares.ac.ir/article-20-54796-en.pdf |
| _version_ | 1797216996761272320 |
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| author | golnar banijamali Morteza Shahbazinia |
| author_facet | golnar banijamali Morteza Shahbazinia |
| author_sort | golnar banijamali |
| collection | DOAJ |
| description | commonly, in the third party funding arrangments, the parties undertake not to disclose the contractual information. On the other hand, some legal systems consider transparency and access to the information of these contracts necessary in order to prevent the abuse of the third party funding, including the prevention of Champerty. Consequently, it appears that the contractual obligation of non-disclosure is in conflict with the mandatory obligation to disclose the TPF arrangement. The main question that this article deals with is the relationship between these two contractual and legal requirements and how to balance them.
In order to resolve the conflict between these two obligations, it seems that the scope of the obligation to disclose information should be narrowly interpreted and considered to be exclusive to the disclosure of the existence of theTPF contract. On the other hand, the obligation of non-disclosure includes contract details and those types of information - such as trade secrets - that are not legally required to be disclosed. Another question is whether, like the international investment arbitration, Iran's legal system also deems it necessary to disclose the TPF contract. In response to this question, it should be said that in Iran's legal system, the principle is to prohibit the disclosure of private information of persons without their consent, which includes TPF contract information. However, in cases where there are legal reasons for disclosing information, including suspicious transactions, according to Article 7 of the Anti-Money Laundering Amendment Law, the parties to the TPF contract must disclose contractual information. |
| first_indexed | 2024-04-24T11:54:50Z |
| format | Article |
| id | doaj.art-ca2f2ce36c9444f6853c96840f393134 |
| institution | Directory Open Access Journal |
| issn | 2251-6751 2476-6801 |
| language | fas |
| last_indexed | 2024-04-24T11:54:50Z |
| publishDate | 2022-12-01 |
| publisher | Tarbiat Modares University |
| record_format | Article |
| series | پژوهش های حقوق تطبیقی |
| spelling | doaj.art-ca2f2ce36c9444f6853c96840f3931342024-04-09T05:58:02ZfasTarbiat Modares Universityپژوهش های حقوق تطبیقی2251-67512476-68012022-12-01264137152Mandatory Disclosure of Third-Party Funding (TPF) Arrangementgolnar banijamali0Morteza Shahbazinia1 University student Associate Professor of Law, Tarbiat Modares University commonly, in the third party funding arrangments, the parties undertake not to disclose the contractual information. On the other hand, some legal systems consider transparency and access to the information of these contracts necessary in order to prevent the abuse of the third party funding, including the prevention of Champerty. Consequently, it appears that the contractual obligation of non-disclosure is in conflict with the mandatory obligation to disclose the TPF arrangement. The main question that this article deals with is the relationship between these two contractual and legal requirements and how to balance them. In order to resolve the conflict between these two obligations, it seems that the scope of the obligation to disclose information should be narrowly interpreted and considered to be exclusive to the disclosure of the existence of theTPF contract. On the other hand, the obligation of non-disclosure includes contract details and those types of information - such as trade secrets - that are not legally required to be disclosed. Another question is whether, like the international investment arbitration, Iran's legal system also deems it necessary to disclose the TPF contract. In response to this question, it should be said that in Iran's legal system, the principle is to prohibit the disclosure of private information of persons without their consent, which includes TPF contract information. However, in cases where there are legal reasons for disclosing information, including suspicious transactions, according to Article 7 of the Anti-Money Laundering Amendment Law, the parties to the TPF contract must disclose contractual information.http://clr.modares.ac.ir/article-20-54796-en.pdfthird-party fundingdisclosure of tpf contractdisclosure obligationconfidentialityinvestment arbitration. |
| spellingShingle | golnar banijamali Morteza Shahbazinia Mandatory Disclosure of Third-Party Funding (TPF) Arrangement پژوهش های حقوق تطبیقی third-party funding disclosure of tpf contract disclosure obligation confidentiality investment arbitration. |
| title | Mandatory Disclosure of Third-Party Funding (TPF) Arrangement |
| title_full | Mandatory Disclosure of Third-Party Funding (TPF) Arrangement |
| title_fullStr | Mandatory Disclosure of Third-Party Funding (TPF) Arrangement |
| title_full_unstemmed | Mandatory Disclosure of Third-Party Funding (TPF) Arrangement |
| title_short | Mandatory Disclosure of Third-Party Funding (TPF) Arrangement |
| title_sort | mandatory disclosure of third party funding tpf arrangement |
| topic | third-party funding disclosure of tpf contract disclosure obligation confidentiality investment arbitration. |
| url | http://clr.modares.ac.ir/article-20-54796-en.pdf |
| work_keys_str_mv | AT golnarbanijamali mandatorydisclosureofthirdpartyfundingtpfarrangement AT mortezashahbazinia mandatorydisclosureofthirdpartyfundingtpfarrangement |