This article defines and critically examines third party funding in the context of international commercial arbitration. The author robustly draws particular attention to problems that such funding may generate in the course of the arbitral process in relation to such matters as the duties of the claimant’s lawyer, discovery, security for costs and arbitral independence. Whilst concluding that third party funding is here to stay, the author argues for arbitral institutions to put in place overarching regulatory arrangements governing its disclosure.
Asian Dispute Review