THE PROBLEM OF COMMERCIALIZATION IN ARBITRATION: AN ANALYSIS OF THIRD-PARTY FUNDING
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Abstract
This report argues that the unregulated growth of Third-Party Funding (TPF) is commercializing international arbitration, introducing systemic "pathologies" that threaten the system's integrity. The author contends that TPF erodes party autonomy, creates hidden conflicts of interest, and treats legal claims as financial assets, thereby undermining the fairness of the arbitral process. The report criticizes the current fragmented regulatory landscape as inadequate and calls for a comprehensive framework. Key proposed reforms include mandatory disclosure of funding details, prohibiting funder control over litigation, clarifying rules on costs, and implementing stricter regulations for Investor-State Dispute Settlement (ISDS).
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References
This list is compiled from the source materials referenced throughout the report.
Aceris Law. (n.d.). Third-Party Funding for International Arbitration.
Alberta Law Review. (2018). Third-Party Funding of Litigation and Arbitration in Canada.
Arbitration Brief, The. (2019). When Peer Pressure Is Not Enough: Mandatory Disclosure and Third-Party Funding.
Ashurst. (2025). Quickguide: Third-party funding in international arbitration.
Ashurst. (2025). The new SIAC Rules: Three key takeaways.
Behrens, M. (2025). Third-Party Litigation Funding: A Growing Threat to the U.S. Civil Justice System. Cornell Law School.
Britannica. (n.d.). Commercial arbitration.
Broderick Bozimo & Co. (n.d.). Third-Party Funding in Arbitration: Pros and Cons.
Bui, T. H., & Tran, H. T. L. (n.d.). Third-Party Funding in International Commercial Arbitration: Mitigating the Risk of Conflicts of Interest in ASEAN. University of Melbourne.
Cambridge University Press. (2019). Third Party Funding: A Comparative Legal and Factual Overview.
Cambridge University Press. (2019). Third Party Funding: A Historical Overview