Third Party Funding of Investment Arbitration

Abstract

This Essay discusses Third-Party Funding in Investment Arbitration. It describes the rise of third-party funding of investment arbitration; the debate over the definition of litigation/arbitration finance; the forms arbitration finance takes; the normative debate in favor and against third-party funding of investment arbitration; the effects of arbitration funding on the arbitral process; developments in national, international, and soft law governing investment arbitration funding; and the likely effects of third-party funding on the international bar.

Keywords: international investment arbitration, international commercial arbitration, third-party funding, ISDS, ICSID, BIT, Bilateral investment treaties, international investment law