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The New Phenomenon in Investment Arbitration

  • Can Eken

摘要

International arbitration has been constantly chosen as the preferred method of resolving cross-border disputes. While arbitration has such popularity as a dispute settlement mechanism, the competing reality is that international arbitration has significant costs. In this respect, an “average ‘all in’ costs of an investment treaty arbitration are just short of $ 10 million”. The existing fact of excessive costs in investment law is a problem as it is “potentially prohibitive for a significant number of smaller and medium sized investors”. However, a new development in international arbitration is affecting this potential prohibitive effect and enables a wider group of parties to access international arbitration. This book examines this new phenomenon in international arbitration, namely, Third-Party Funding (TPF).