Development in Responses of Arbitral Tribunals to Third-Party Funding in International Investment Arbitration

Contemporary Asia Arbitration Journal, Vol. 15, No. 1, pp. 1-24, May 2022

24 Pages Posted:

See all articles by Tsai-fang Chen

Tsai-fang Chen

National Yang Ming Chiao Tung University School of Law

Date Written: May 30, 2022

Abstract

Concerns have been raised over the utilization of third-party funding in investor-State dispute settlement (ISDS). This paper aims to examine how the tribunals deal with the arguments raised by the respondents in the proceeding and evaluate whether the arbitral tribunals have sufficient tools at their disposal to deal with the concerns. Among the general concerns, jurisdiction and abuse of procedure, conflict of interests, access to confidential information, and security for costs are among the arguments raised by the respondents in the proceedings. There is no sign of obvious shortcomings in the tribunal’s ability to deal with the concerns that have been raised in the proceedings.

Keywords: third-party funding, ISDS, investment arbitration

Suggested Citation

Chen, Tsai-fang, Development in Responses of Arbitral Tribunals to Third-Party Funding in International Investment Arbitration (May 30, 2022). Contemporary Asia Arbitration Journal, Vol. 15, No. 1, pp. 1-24, May 2022, Available at SSRN: https://ssrn.com/abstract=

Tsai-fang Chen (Contact Author)

National Yang Ming Chiao Tung University School of Law ( email )

1001 University Road
Hsinchu, 30010
Taiwan

HOME PAGE: http://https://law.nycu.edu.tw/en/faculty/tsai-fang-chen/

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