One heated debate concerning third-party funding in international arbitration is the disclosure of third-party funding, as third-party funders may be acting behind the scenes to finance an arbitration. Whether disclosure extends only to the funder’s identity or also to the integrality of the funding agreement, the question of disclosure is relevant to achieve a balance […]
Third-Party Funding under ICSID Amendments: Balance Between States’ and Investors’ Interests
Over the past decade, the use of Investor-State Dispute Settlement (“ISDS”) mechanisms to challenge public policies has been a topic of attention and pressure from Non-Governmental Organizations and States to reform ISDS has increased.[1] This has led to proposals for amendment of the ICSID Rules. Working Paper #3, containing the latest proposals, may be found […]
SIAC Arbitration Costs
When initiating a SIAC arbitration, some of the basic questions most claimants ask are how much a SIAC arbitration costs, when payments are due and whether the costs can be recovered from the opposing party. What Are the Heads of Costs in a SIAC Arbitration? The costs of an arbitration are usually divided into four main groups: (i) fees and costs of […]
Third Party Funding in International Arbitration
What Is Third Party Funding? Third party funding is a procedure by which a third party to an arbitration provides financial means to a party whom lacks financial resources to initiate it. The funding provided will be used to cover the party’s legal fees and expenses related to an arbitration. In return, the funder receives […]
Third-Party Funding Report Presented by Task Force
In Sydney, an ICCA-Queen Mary task force presented a third-party funding report for international arbitration. This 272-page report is rather comprehensive and a useful resource for those interested in third-party funding and the issues it poses in the field of international arbitration. The first two chapters provide a summary of the current state of the market […]