Presence of Third-Party Funding in the International Investment System Constitutes a Fundamental Change of Circumstances

2019 ◽  
Author(s):  
Fahad Alarifi
Keyword(s):  
International Investment ◽  
Third Party ◽  
Fundamental Change ◽  
Investment System ◽  
Party Funding

Delays Expected but Duration of Delays Unpredictable: Causes, Types, and Symptoms of Procedural Applications in Investment Arbitration

2021 ◽  
Author(s):  
Julien Chaisse
Keyword(s):  
Dispute Resolution ◽  
Empirical Analysis ◽  
International Investment ◽  
Third Party ◽  
Common Phenomenon ◽  
Investment Arbitration ◽  
Party Funding

Abstract Delays are becoming a common phenomenon in international investment arbitration and challenging the conventional belief that it is a time-effective mode of dispute resolution. These delays, majorly stemming from interim procedural applications, are known to arise due to the different interests and types of stakeholders involved in the process. This article provides an empirical analysis of such arbitration proceedings to cull out the types, nature, and effects of delay tactics in such proceedings. This article identifies three types of applications that play an increasing role in investment arbitration, namely, applications for ‘security for costs’, applications for disclosure of third-party funding, and the objections of manifest lack of legal merit of claims. Such delays can particularly become a cause of concern for investment arbitration as they have impacts beyond those which are on the parties involved.

Part V Remedies and Costs, 26 Third-party Funding in Investment Treaty Arbitration

2018 ◽  
Author(s):  
Blackaby Nigel ◽  
Wilbraham Alex
Keyword(s):  
International Investment ◽  
Third Party ◽  
Access To Justice ◽  
Investment Treaty ◽  
Investment Arbitration ◽  
Legal Costs ◽  
Party Funding ◽  
Investment Treaty Arbitration

This chapter discusses the issue of third-party funding in international investment arbitration. Third-party funding has become an established part of the investment arbitration landscape. Despite criticism in some quarters, tribunals and international arbitral bodies have tended to favour the view that third-party funding promotes access to justice rather than encouraging frivolous claims. Tribunals have consistently held that receipt of third-party funding is unlikely to affect a claimant’s position from a jurisdictional perspective and will not affect a claimant’s ability to recover legal costs in cases where tribunals make costs awards. The costs of third-party funding itself may be recoverable in some circumstances. There is a growing tendency among tribunals to require disclosure by funded claimants of the existence and identity of third-party funders. It is, however, unlikely that claimants will commonly be required to disclose the terms of any funding agreement except in rare cases when security for costs is being considered.

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