Consequences of Not Regulating Third-Party Funding in Commercial Arbitration in Ecuador
Article from: TDM 4 (2023), in Contingent Fees and Third Party Funding in Investment Arbitration Disputes
Abstract
As is the case in most countries, there is no express regulation regarding Third Party Funding (TPF) in Ecuador. This vacuum has elicited variegated responses from arbitration experts. Some argue that strict regulation would limit the development of TPF, while others argue that the lack of regulation is what make TPF works. However, this current analysis of the positions and problems regarding TPF proposes that it would be more beneficial and efficient to regulate TPF within the rules of each arbitration center at the domestic level, through general recommendations that do not ...