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Proposed Regulation of Third-Party Funding in Investor-State Dispute SettlementTamlander, Matias
Helsinki Law Review 1/2020 s. 74–87
Since the 1960s, various bilateral and multilateral investment treaties have been negotiated between countries around the world to regulate cross-border investment. These treaties almost invariably contain a dispute settlement clause, on the basis of which the investor may refer possible disputes to arbitration. Such arbitration proceeding is known as investor-state dispute settlement (ISDS). There is a growing demand for financing of expensive ISDS lawsuits with third-party funding (TPF), and investors suing states are able to turn to financiers to pay for their litigation.
This review will firstly present the brief history, current status and impact of TPF in ISDS, including concerns related to the practice, as well as set out the main lines of development of the rules that aim to regulate TPF in ISDS. Furthermore, this review will display criticism among various ICSID member states that the rules reform of ICSID has provoked. Lastly, the review will also introduce opinions of ISDS TPF regulation presented during the similar but separate rules amendment process of the United Nations Commission on International Trade Law (UNCITRAL).