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Third-party litigation funding agreements

Introduction Third-party litigation funding is essentially unknown under Italian law. For instance, Italian contract law does not regulate litigation funding agreements. In addition, there is little case law dealing with third-party funding and only a few Italian commentators have addressed the topic to date.(1) However, Italian law includes no mandatory rules or public policy principles that expressly preclude third-party funding.(2) In other words, the Italian legal system does not seem to impose any insurmountable obstacles to third-party funding.(3) Therefore, third-party funding is likely to become an increasingly attractive litigation feature under Italian law, especially considering the national provisions governing the allocation of litigation costs.

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