Investment Arbitration Reform: Third-Party Funding in Investment Arbitration

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Authors

ŠEVČÍKOVÁ Tereza

Year of publication 2022
Type Article in Proceedings
Conference Cofola International 2022: Current Challenges of Resolution of International (Cross-Border) Disputes
MU Faculty or unit

Faculty of Law

Citation
Web Open access sborníku
Doi http://dx.doi.org/10.5817/CZ.MUNI.P280-0231-2022-8
Keywords Third-Party Funding; UNCITRAL Working Group III; ICSID; Reform; Investment Arbitration
Description This paper analyses the issue of “third-party funding”, something widely criticised in investment arbitration. It is an issue addressed both through UNCITRAL Working Group III and in the amendment of the ICSID Procedural Rules (in force since 1 July 2022). The author discusses the issue and why it has been seen as problematic, then focuses on proposals for solutions discussed in debates. Finally, she compares the proposals discussed in UNCITRAL Working Group III with the newly adopted amendment of the ICSID Procedural Rules.
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