It is no longer a question of whether third-party funding will be used in international arbitration, but how we will tailor our processes to address the issues that come into play when third- party funders more frequently finance bet-the-company, cross-border disputes and major investor-state claims.
Proponents see the rise in third-party funding as a vehicle for providing greater access to justice; detractors claim that third-party funding will allow distressed companies to bring non-meritorious claims. The detractors’ argument assumes that only the insolvent and cash-strapped claimants are the using third party funding, and that certainly has not proven to be the case. Moreover, there argument seems antithetical to the motivations driving the third-party funders — likely and significant returns on their investment.
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