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A legal analysis of the Problems Caused by Third-Party Funding in Investment Treaty Arbitration and its Regulation
Uppsala University, Disciplinary Domain of Humanities and Social Sciences, Faculty of Law, Department of Law.
2017 (English)Independent thesis Advanced level (degree of Master (One Year)), 10 credits / 15 HE creditsStudent thesis
Abstract [en]

In recent years, third-party funding has emerged in international commercial arbitration and investment treaty arbitration, and led to a heated discussion. Third-party funding, usually a third-party funder (investment banks or venture capital companies) provide the arbitration cost to the funded party, and get return from the award if the party win the case. In contrast to international commercial arbitration, the jurisdiction of international investment arbitration is based on international investment treaties between states, and investors may initiate arbitration on the basis of the investment treaty between the host country and its home country, thus seeking substantial compensation from the host country. In recent years, investment arbitration cases have increased a lot,1 and the amount of the subject is usually millions of dollars.2 It is in this context, investment arbitration requests quickly become an investment product and profit-taking tool for third-party funding.3 Investors may be reluctant to initiate investment arbitration because of the cost of arbitration and the risk of losing case, and third-party funding will finance the investor with arbitration fees.

Place, publisher, year, edition, pages
2017. , 39 p.
Keyword [en]
third-party funding, investment treaty arbitration
National Category
Law (excluding Law and Society)
Identifiers
URN: urn:nbn:se:uu:diva-323238OAI: oai:DiVA.org:uu-323238DiVA: diva2:1105496
Educational program
Master Programme in Investment Treaty Arbitration
Supervisors
Examiners
Available from: 2017-07-03 Created: 2017-06-04 Last updated: 2017-07-03Bibliographically approved

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Citation style
  • apa
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Language
  • de-DE
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Output format
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