What, then, is the trouble putting a lump sum agreement in place?
Most clients are reluctant to enter into a lump sum agreement. It seems that clients are unfamiliar with the product that they're requesting, and nobody likes to agree to buy a proverbial "pig in a poke." That being said, they're even less inclined to hand over a blank check.
(266) Before Barcelona Traction, Belgium used the seat test in lump sum agreements, but also showed a willingness to espouse claims on behalf of majority shareholders.
Bederman, Interim Report on '"Lump Sum Agreements and Diplomatic Protection," INTERNATIONAL LAW ASSOCIATION: SECOND REPORT OF THE COMMITTEE ON DIPLOMATIC PROTECTION OF PERSONS AND PROPERTY 3 (2002) (assessing a wide variety of lumpsum agreements from 1975-95).
WESTON, ET AL., INTERNATIONAL CLAIMS: THEIR SETTLEMENT BY LUMP SUM AGREEMENTS, 1975-1995, 3-4 (1999).