This article addresses three main challenges regarding third-party funding in arbitration: i) the effect of third-party funding on the arbitrators’ duty to disclose, ii) the awarding of costs and expenses, and iii) the involvement of third-party funders in the arbitration process and their possible incorporation as a non-signatory party. Through the evaluation of the regulation of third-party funding in other jurisdictions, each of these challenges is focused within the Peruvian regulatory framework, concluding with the best practices that should be followed in the country regarding this figure.
Iurgium [previously Spain Arbitration Review]