Articles
| Open Access | CERTAIN ISSUES RELATING TO THIRD PARTY FUNDING AND THIRD PARTY DISCLOSURE IN INTERNATIONAL ARBITRATION
Ergashev Abdulaziz , Master's student of TSUL "International Arbitration and Dispute Resolution" departmentAbstract
This article is devoted to highlighting the issues of third-party financing in international commercial and investment arbitrations. The article analyzes the main concepts of third-party financing and defines the main directions of problems in this field. At the same time, the article presents the latest changes and news related to this concept. The article focuses on the requirements of transparency and disclosure, and these aspects remain one of the urgent issues of third-party funding in modern arbitrations. Specific aspects of the further development of third-party financing and its use include the main directions in this article.
Keywords
third party financing, international arbitration, investment disputes, transparency and disclosure.
References
M. L. Mozes, The Principles and Practice of International Commercial Arbitration. / T.: Lesson press, 2020, p 502.
M. de Morpurgo, A comparative legal and economic approach to third-party litigation funding, “Cardozo Journal Of International & Comparative Law” 2011, 19-Ed., p 350.
The Comprehensive and Economic Trade Agreement (CETA), a free-trade agreement between Canada and the EU, revisited in 2016, [online] http://ec.europa.eu/trade/policy/ in-focus/ceta/ceta-chapter-by-chapter/ [accessed: 15.07.2017].
Transatlantic Trade and Investment Partnership, currently negotiated trade and investment deal between the US and EU, the information about the process and content of the TTIP is available at: http://ec.europa.eu/trade/policy/in-focus/ttip/about-ttip/ [accessed: 15.07.2017].
C. Bogart, “Third party funding in international arbitration”, Burford Capital, 22 January, 2013, // URL: www.burfordcapital.com/articles/third-party-funding-in-international-arbitration/#.
M. Schere, A. Goldsmith and C. Flechet, “Third Party Funding in International Arbitration in Europe: 1 Section – Funders’ Perspectives”, RDAI/IBLJ 2019, p 209.
S. Martin, “Litigation financing: another subprime industry that has a place in the United States market”, 53 VILL. L. 2018, p 107.
S. Jhangiani, R. Coldwell, Third-party funding for international arbitration in Singapore and Hong Kong – A race to the top?, Kluwer Law Blog 30.11.2016, // URL: http://kluwerarbitrationblog.com/ 2016/11/30/ third-party-funding-for-international-arbitration-insingapore-and-hong-kong-a-race-to-the-top/ [accessed: 15.07.2017]
Article Statistics
Downloads
Copyright License
This work is licensed under a Creative Commons Attribution 4.0 International License.