Third-Party Funding and Confidentiality in International Commercial Arbitration: A Recipe for Uncertainty?
Article from: TDM 4 (2018), in Time and Cost Issues in International Arbitration
Introduction
International commercial arbitration has gained the reputation of being one of the most favoured methods for resolving international commercial disputes. While confidentiality is commonly cited as one of the key factors that have led to the rise of arbitration, cost is considered to be a hurdle to the growth of arbitration. The escalating costs of arbitration incurred during the pursuit of high-value commercial disputes increased the demand for and interest in third-party funding ("TPF"). In an attempt to explore the potential issues raised by the thriving practice of TPF, a TPF ...