Issues surrounding the use of third-party funding in international commercial arbitration

Prasad, Siddhanth (2021) Issues surrounding the use of third-party funding in international commercial arbitration. International Arbitration Law Review, 24 (2). pp. 135-158. ISSN 13678272

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The growth of third-party funding in recent years has given rise to novel and challenging issues that threaten to damage the integrity of arbitral proceedings and erode the credibility of third-party funding if left unresolved. The purpose of this article is to discuss critically two such issues vis-à-vis third-party funding around which the drumbeat has intensified. The first issue revolves around the impact of third-party funding on an arbitrator’s duty to avoid conflicts of interest, and the second relates to the liability of a third-party funder for adverse costs. Taking stock of recent global regulatory efforts, this article shows how commonly held concerns are misplaced and argues that these stem from a fundamental misunderstanding of third-party funding. In response, and by shedding light on the context and nature of third-party funding, it seeks to create conceptual clarity in the field and attempts to pave the way for more effective regulation.

Item Type: Article
Keywords: Investment treaty | International investment law | Dispute settlements
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: 26 Jan 2022 15:27
Last Modified: 26 Jan 2022 15:27


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