Visualizing the role of international rule of law in “not-for-profit funding” in investment arbitration

Mohanty, Gautam (2022) Visualizing the role of international rule of law in “not-for-profit funding” in investment arbitration. In: Blurry boundaries of public and private international law: Towards convergence or divergent still? Springer, Singapore, pp. 103-125. ISBN 9789811684807

[thumbnail of Mohanty2022-110-132.pdf] Text
Mohanty2022-110-132.pdf - Published Version
Restricted to Repository staff only

Download (304kB) | Request a copy


Contemporary developments in international arbitration have discussed the necessity of ensuring adherence to the rule of law in various facets of arbitration. International institutions deliberating on dispute resolution mechanisms and strategies have been evincing interest in discussing claim funding in international arbitration. The Working Group III of the United Nations Commission on International Trade Law (UNCITRAL) is currently engaged with the access to justice (“ATJ”) rationale set forth by proponents of third-party funding in the context of an investor to state dispute settlement (“ISDS”). This chapter aims to discuss the potential overlap between the nascent practice of “not-for-profit third-party funding” (“TPF”) or “ideological funders” and the need to ensure the rule of law through disclosure in situations where TPF is identified. Although shrouded in mystery and less prominent compared to the traditional TPF, the author believes that the prevalence of not-for-profit funding is only set to increase in investment arbitration since a financial return on investment would not in usual circumstances be required to be given to that funder party. Through this chapter, the author will also attempt to define the contours of the rule of law in the context of TPF in arbitration and also elaborate upon the role of the rule of law in ensuring procedural fairness and natural justice in arbitration proceedings.

Item Type: Book Section
Keywords: Third-party funding | Ideological funders | Financial return | Confidentiality | Natural justice
Subjects: Social Sciences and humanities > Social Sciences > Law and Legal Studies
JGU School/Centre: Jindal Global Law School
Depositing User: Mr. Syed Anas
Date Deposited: 07 Mar 2022 05:58
Last Modified: 21 Jul 2023 09:17
Official URL:


Downloads per month over past year

Actions (login required)

View Item
View Item