Research On Third-party Funding In International Arbitration

Third-Party Funding develops quickly only in recent years and appears in most jurisdictions.At the same time we also clearly understand that Third-Party Funding only works in civil field,any sovereign country won't let Third-Party Funding against their own public power.Therefore,Third-Party Funding is not applicable in criminal litigation and administrative litigation.Third-Party Funding also attracts the attention of the international arbitration organization.Third-Party Funding in international arbitration originated in its litigation field,and shared a number of features,such as the subfield of Third-Party Funding.However,the international arbitration has an important impact on the Third-Party Funding.Comparing to the public hearing in litigation,one of the big advantages of the international arbitration is non-disclosure principle,without the requirement to disclose the jurisdiction and merits of the dispute.As a result,Third-Party Funding in international arbitration may lead to unfair competitions and loss of neutrality.How to enjoy the privilege and manage the risk of Third-Party Funding in the international arbitration is the core in this thesis.The thesis was separated into three parts: Chapter One is to clarify the concepts of Third-Party Funding,compare its differences with insurance and loan;explore the development of Third-Party Funding,analyze the status of Third-Party Funding in some countries;analyze Third-Party Funding agreement's main content.Chapter Two is to narrate the theoretical controversies of Third-Party Funding in international arbitration,focus on the neutrality influence that Third-Party Funding gives to arbitrators.Chapter Three is to give advice to its existing matters which Third-Party Funding causes.