Third-Party Funding: Threat or Facilitator of the System: An Ethical Dilemma

In investment arbitration cases, tribunals discuss TPF in various aspects as explained in Chap. 3 of this book. Ethical considerations are a very important part of the analysis when TPF of ISDS is at hand. Nevertheless, ethics were not part of the discussions in those cases. In the literature, not only ethical issues related to TPF but also ethics of counsels, and ethics of arbitrators are discussed. However, the ethical aspects of TPF have neither been discussed in the case law nor received enough attention in the literature. Some have discussed the ethicality of TPF, but this chapter, apart from analyzing those scholars’ ideas, adds to the literature by presenting a more detailed and comprehensive ethical analysis of TPF.