Summary:
The author’s paper gives an overview of the prevailing rules in Switzerland and other European civil law countries as well as in the Code of Conduct for European Lawyers and the International Code of Ethics of the International Bar Association on contingency fees and pacta de palmario and discusses their applicability in arbitration. Thereby, it considers to some extent also the upcoming phenomenon of third–party–funding.The paper attempts to present some suggestions to the practitioner– counsel and arbitrator– who is faced with such conditional fee arrangements when preparing cost submissions or deciding on the costs of an arbitration.
ASA Bulletin