Proposed Arbitration Funder Rules Are A Welcome Change

Law360 (March 10, 2020, 3:20 PM EDT) -- Investment arbitration usually relates to cases where a sovereign state breaches its obligations toward a foreign investor (e.g., by expropriating an investor or failing to provide fair and equitable treatment) under international law.

This dispute resolution process can be expensive and sometimes even unaffordable for small and medium-sized enterprises or individuals. Third-party funding, can be a lifeline for such claimants and allows them to bring claims against states that would have been impossible to action otherwise.

Increasingly, even well-resourced investors have discovered the advantages of third-party funding as a useful tool to hedge risk or make capital available for other business...

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