Recent decisions on third-party funding in investment arbitration

2015 ◽  
Vol 30 (3) ◽  
pp. 699-712 ◽  
Author(s):  
Jean-Christophe Honlet
Keyword(s):  
Third Party ◽  
Investment Arbitration ◽  
Party Funding

Delays Expected but Duration of Delays Unpredictable: Causes, Types, and Symptoms of Procedural Applications in Investment Arbitration

2021 ◽  
Author(s):  
Julien Chaisse
Keyword(s):  
Dispute Resolution ◽  
Empirical Analysis ◽  
International Investment ◽  
Third Party ◽  
Common Phenomenon ◽  
Investment Arbitration ◽  
Party Funding

Abstract Delays are becoming a common phenomenon in international investment arbitration and challenging the conventional belief that it is a time-effective mode of dispute resolution. These delays, majorly stemming from interim procedural applications, are known to arise due to the different interests and types of stakeholders involved in the process. This article provides an empirical analysis of such arbitration proceedings to cull out the types, nature, and effects of delay tactics in such proceedings. This article identifies three types of applications that play an increasing role in investment arbitration, namely, applications for ‘security for costs’, applications for disclosure of third-party funding, and the objections of manifest lack of legal merit of claims. Such delays can particularly become a cause of concern for investment arbitration as they have impacts beyond those which are on the parties involved.

Excessive Costs and Recoverability of Costs Awards in Investment Arbitration

2020 ◽  
Vol 21 (2-3) ◽  
pp. 251-299
Author(s):  
Gabriel Bottini ◽  
Catharine Titi ◽  
Facundo Pérez Aznar ◽  
Julien Chaisse ◽  
Marko Jovanovic ◽  
...  
Keyword(s):  
Dispute Settlement ◽  
Third Party ◽  
Potential Contribution ◽  
Investment Arbitration ◽  
Party Funding ◽  
The Impact

Abstract In the era of the backlash against investor-State dispute settlement, the costs of proceedings have been a prime object of criticism. This article examines the problem of excessive costs and insufficient recoverability of costs awards. Firstly, it examines the issue of excessive costs in relation to both party costs (fees and expenses of counsel, experts, and witnesses) and tribunal costs (fees and expenses of arbitrators and arbitral institutions). Secondly, it discusses the impact of the length of proceedings on costs. Thirdly, it discusses the contribution of third-party funding to excessive costs. Finally, it analyses the issue of insufficient recoverability of costs awards and the availability of mechanisms to secure prompt payment of costs awards where there are insufficient resources or an unwillingness to pay. In examining each of these concerns, this article assesses the potential contribution of four different models for reform of investment arbitration.

19 SIAC Investment Rules

2018 ◽  
Author(s):  
Choong John
Keyword(s):  
Third Party ◽  
International Arbitration ◽  
Third Party Intervention ◽  
Investment Arbitration ◽  
Scope Of Application ◽  
Party Funding

In 2017, the Singapore International Arbitration Centre (SIAC) released separate rules for investment arbitration: the SIAC Investment Arbitration Rules (SIAC IA Rules). This chapter addresses the new SIAC IA Rules, which entered into force on 1 January 2017. It begins in Part A with an introduction to the SIAC IA Rules. Part B then examines the key provisions of the SIAC IA Rules in more detail. These include scope of application (Rule 1), constitution of the tribunal (Rules 5 to 9, 12, 13), third-party funding (Rules 24, 33 and 35), early dismissal of claims and defences (Rule 26), third party intervention (Rule 29), and confidentiality and transparency (Rules 37 and 38).

Third Party Funding of Investment Arbitration

2021 ◽  
Author(s):  
U Iowa Legal Studies RPS Submitter ◽  
Maya Steinitz
Keyword(s):  
Third Party ◽  
Investment Arbitration ◽  
Party Funding
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