CCTL Transnational Economic Law and Dispute Settlement Group Book Talk – ‘Third-Party Funding in Investment Arbitration: A New Player in the System’ by Dr. Can Eken

The author’s book is based on his PhD thesis at the Chinese University of Hong Kong. In the book, there are important empirical data on funders through interviews conducted with nearly thirty people working for third-party funders. It reveals a range of potential problems and lays out how funders are addressing them. The author created a guideline to eliminate procedural and ethical issues third-party funding (TPF) might raise. By doing so, it sheds new light on under-researched issues and offers essential guidance to help orient legal policy.

Overall, the book analyzes TPF in its entirety: Background information on TPF, the main procedural issues of TPF and case law on it, its ethical examination, and empirical research on TPF by reflecting the perspective of funders. Doctrinal analysis of TPF related issues in investment arbitration contributes to the current literature. Moreover, while procedural and ethical issues in TPF have consistently surfaced and been increasingly addressed by tribunals, they are not analyzed in academia thoroughly. Furthermore, TPF is barely approached through empirical analysis in literature. The scarcity of empirical data on TPF, especially in investment arbitration is well-known. The data this thesis provides helps to analyze procedural and ethical issues through the empirical method.

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