The Structural Challenge of Investment Arbitration Viewed through the Lens of Third-Party Funding

Document Type

Blog Post

Publication Date

6-2015

Publisher

Oxford University Press

Language

en-US

Abstract

Third-party funding has been relatively well-received by the international commercial arbitration system, with the caveat that there are justifiable concerns about disclosure requirements, evidentiary privileges, and conflicts of interest that must be addressed through international rules, guidelines, and norms. Many discussions about third-party funding address international commercial and investment arbitration together. However, third-party funding may affect the investment arbitration differently than commercial arbitration due to structural differences in the investment arbitration system.

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