The Policy Implications of Third-Party Funding in Investor-State Dispute Settlement

Abstract

In this Working Paper, The Policy Implications of Third-Party Funding in Investor-State Dispute Settlement, CCSI analyzes underexplored yet critical policy issues surrounding the use of third-party funding in ISDS. It considers the costs and benefits of the practice, asks whether it is desirable or undesirable that third-parties be permitted to invest in ISDS claims, and if so, under what circumstances and in order to achieve what objectives, and overviews policy responses, including a total or partial ban and various regulatory responses, that may be appropriate to manage identified impacts.

Keywords: Third-Party Funding, Investor-State Dispute Settlement, ISDS