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Third-Party Funding In Investment Arbitration: Boon Or Threat? A Comprehensive Legal Analysis Of Third-Party Funding In International Investment Arbitration




Arshia Shaw, BBA LLB (Hons.), Amity University, Kolkata

Yashica Demblani, BBA LLB (Hons.), Amity University, Kolkata


ABSTRACT


Third-party funding (TPF) has become both a disruptive and highly controversial aspect of international investment arbitration. This paper offers a holistic analysis of TPF, its conceptual underpinnings, historical development, commercial landscape, and the ambivalent effects of TPF on investor-state dispute settlement (ISDS). It explores the cases in support of TPF (such as access to justice, risk allocation and the promotion of good investment claims), and the critiques of TPF (such as the creation of conflicts of interest, counterproductive incentives and the commercialization of sovereign disputes). It also maps the evolving global regulatory milieu and finds that TPF requires effective, transparent and internationally harmonised regulation.



Indian Journal of Law and Legal Research

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Abbreviation: IJLLR

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ISSN: 2582-8878

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Website: www.ijllr.com

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Accessibility: Open Access

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License: Creative Commons 4.0

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Submit Manuscript: Click here

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Licensing: ​

 

All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

Disclaimer:

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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