Third-Party Funding in International Arbitration: A Game Changer or a Legal Dilemma
摘要
This essay analyzes the use of third-party funding (TPF) in international arbitration as a vital resource that has grown as a function of the high expense and complexity of cross-border disputes. The essay summarizes the evolution and application of third-party funding, reviews prominent legal cases, and emphasizes the benefits of TPF towards the accessibility of justice to underfinanced parties. Furthermore, it addresses the ethical concerns of TPF, including conflicts of interest and the potential for the influence of funders on the arbitral result. It also touches upon recent developments in regulation and institution practice, and in particular, requirements of mandatory disclosure in top-tier arbitration institutions, including the International Chamber of Commerce (ICC), Singapore International Arbitration Centre (SIAC), and Bahrain Chamber for Disputes Resolution (BCDR). Lastly, this paper highlights the important role of third-party funding in international arbitration, provided that there is a requirement of transparent and clear guidelines so that integrity and fairness are ensured.