HeadnoteThe list of issues surrounding the recent advent of third-party funding in the arbitration arena is long, and much has been written about the impact of third-party funding on issues regarding confidentiality, impartiality, the attorney-client privilege, disclosure and access to justice. An additional topic from which much debate has sprung in relation to third-party funding is its impact on decisions to award security for costs, namely, whether its use should prompt arbitrators to grant security for costs. It is this issue that this article investigates.
/ / "Should an Arbitral Tribunal Order Security for Costs When an Impecunious Claimant Is Relying upon Third-Party Funding?" by William Kirtley and Koralie Wietrzykowski, A contribution by the ITA Board of Reporters 21 February 2013