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Open Access. Powered by Scholars. Published by Universities.®

International Law

2019

Brooklyn Journal of International Law

International arbitration; third-party funding; litigation finance; champerty; maintenance; cross-border disputes; investor-state dispute settlement; international; investment

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Third-Party Funding: The Road To Compatibility In International Arbitration, Vienna Messina Dec 2019

Third-Party Funding: The Road To Compatibility In International Arbitration, Vienna Messina

Brooklyn Journal of International Law

Third-party funding in global commerce and dispute resolution has gained considerable traction in the last few decades. The rise in complex international arbitration cases has encouraged a demand for third-party funding arrangements since the disputes involve large amounts of money in addition to high legal costs. This Note explores the implications of third-party funding on the practice of international arbitration, particularly with the expansion of arbitral institutions’ doctrinal rules to address the use of third-party funding. Much of the pre-existing research and literature highlights the issues that third-party funding poses in international arbitration proceedings, but fails to consider a broader, …