Draft Report of ICCA-Queen Mary Task Force on Third-Party Funding in International Arbitration

2017 ◽  
Author(s):  
Stavros Brekoulakis ◽  
William W. Park ◽  
Catherine A. Rogers
Keyword(s):  
Task Force ◽  
Third Party ◽  
International Arbitration ◽  
Draft Report ◽  
Party Funding

Arbitration from a Law & Economics Perspective

2020 ◽  
pp. 873-894
Author(s):  
Anne van Aaken ◽  
Tomer Broude
Keyword(s):  
Dispute Resolution ◽  
Cognitive Abilities ◽  
Supply And Demand ◽  
The Other ◽  
Third Party ◽  
International Arbitration ◽  
General Welfare ◽  
Welfare Consequences ◽  
Party Funding

This chapter offers a Law & Economics (L&E) perspective on international arbitration. L&E scholars tend to view dispute resolution as a market. They thus look at the supply and demand of such third-party adjudication, usually comparing litigation to arbitration. Predominantly, in the literature, there are two interrelated L&E perspectives on this: one is focused on the general welfare consequences of arbitration; the other is focused on why disputants choose one kind of third-party settlement over another. There are many ways of resolving disputes between contractual parties: arbitration is also in competition with mediation, conciliation, litigation, and other forms of resolving disputes, including so-called ‘extra-legal’, socially normative ones. Most literature has focused either on the choice between litigation and arbitration or on the influence of arbitration on negotiation and settlement between the parties. The chapter then addresses other disputant choices relating to third-party funding and arbitrator appointment. It also looks at the incentives and behaviour of arbitrators, including their cognitive abilities.

scholarly journals Third-party funding: The effect of the growing third-party funding industry in international arbitration on New Zealand

2021 ◽  
Author(s):  
◽  
Eva Boolieris
Keyword(s):  
New Zealand ◽  
The State ◽  
Third Party ◽  
International Arbitration ◽  
The Law ◽  
Partnership Agreement ◽  
Party Funding

<p>The quickly rising trend of third-party funding in international arbitration is an extremely novel and complex challenge for the international arbitration community. Third-party funding has a long history in the law of litigation funding but this new trend will require the international arbitration community to grapple with this concept in a new setting. As domestic countries have taken hugely varying approaches to third-party funding in a litigation context, the international arbitration community has a wealth of choice available to it in deciding how to approach this trend. There are many outstanding issues in this area and there is much speculation as to how these issues will be resolved. New Zealand will be affected by the choices that the international arbitration community makes in this regard when New Zealand engages in international arbitration. The possibility of the Trans-Pacific Partnership Agreement (TPPA) coming into force is also likely to exacerbate some of the effects of the choices made on the state of New Zealand in investor-state arbitration.</p>

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 in International Arbitration: Ownership of the Claim, Consequences for Costs Orders, and Regulation

2020 ◽  
Vol 36 (2) ◽  
pp. 275-295
Author(s):  
Sahana Ramesh
Keyword(s):  
Case Law ◽  
Third Party ◽  
Access To Justice ◽  
International Arbitration ◽  
Specific Question ◽  
Res Judicata ◽  
Party Funding

Abstract The increasing use of third-party funding in international arbitration has given rise to a myriad of challenges. Many of these remain unaddressed. Even though some jurisdictions have sought to regulate the sphere of third-party funding in international arbitration, it remains largely unregulated. The result is that a third-party funder is not held accountable. This article examines the issue of ownership of a funded international arbitration claim, and the consequences of that finding on an arbitral tribunal’s ability to impose costs order on a funder. The objective is to ensure that a funder is playing a role in the arbitral process merely to facilitate access to justice, and nothing more. The examination in this article comprises a review of case law, primarily of English courts, in the context of litigation funding, and then determining whether it is possible to transpose the learnings therefrom to the arbitration context. A brief discussion on the applicability of the doctrine of res judicata, in the context of the issues raised in this article, is undertaken. Finally, the article also considers the best way to regulate the specific question of imposing costs on a third-party funder in international arbitration.

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