Third-Party Financing in Investment Arbitration
Document Type
Book Chapter
Publication Date
4-2018
Editor(s)
Christina L. Beharry
Language
en-US
Abstract
This Chapter identifies and explains the effect of third-party funding on the fi-
nancial aspects of international investment treaty cases. Indeed, the increased
visibility of third-party funding coupled with the increasingly novel and com-
plex ways that these arrangements are carried out make it a fascinating devel-
opment in the world of disputes.
Third-party funding is particularly relevant in the context of damages
because, ultimately, the magnitude of damages of any claim is one of the de-
termining factors influencing whether a claim will be financed and, if so, at
what level.
This Chapter explores the different types of third-party funding, how it is
obtained, the current state of regulation, the scope of disclosure obligations,
the treatment of third-party funding by international investment tribunals, the
impact of funding on security for costs applications and quantum calculations,
and the influence of third-party funding on settlements.
Recommended Citation
Victoria Sahani, Mick Smith & Christiane Deniger,
Third-Party Financing in Investment Arbitration
,
in
Contemporary and Emerging Issues on the Law of Damages and Valuation in International Investment Arbitration
27
(Christina L. Beharry ed.,
2018).
Available at:
https://scholarship.law.bu.edu/faculty_scholarship/3475
