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Analysis

Does 3rd-Party Funding Belong In Investment Arbitration?

Law360 (May 22, 2019, 7:06 PM EDT) -- Nations and other stakeholders have been struggling to strike a balance in regulating the widespread use of third-party funding in investment arbitration amid criticism that it encourages frivolous claims and causes disproportionate funding within the investor-state dispute settlement regime.

While third-party funding in private commercial disputes is rapidly gaining acceptance in many parts of the world, its use in the controversial area of investor-state arbitration — a mechanism already under scrutiny by countries that have been the target of such claims — has triggered a litany of concerns.

Among the criticisms are that third-party funding further upsets the balance in an...

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