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Study On The Legal Regulation Of Third Party Financing In International Investment Arbitration

Posted on:2019-03-16Degree:MasterType:Thesis
Country:ChinaCandidate:Y DongFull Text:PDF
GTID:2416330545464822Subject:legal
Abstract/Summary:PDF Full Text Request
With the deepening of economic globalization and the development of international trade,the cost of arbitration is also increasing,which not only brings a lot of economic burden to the parties,but also hinders the development of international arbitration.At the same time,the third-party investment arrangement began to enter the international arbitration field and gradually developed into a financing industry.Since third-party funding has a huge advantage in alleviating the economic burden and transfer risk of the parties,countries have also begun to support and guide the development of third-party arbitration.However,it is undeniable that the intervention of third party investment arrangement poses no small challenge to the current international arbitration procedure,how to deal with these challenges and become the urgent problem of international arbitration.In international investment arbitration this form from the traditional commercial arbitration,the third-party funding problems as increases the transparency of the arbitration request has been mentioned and discussed,in the international treaties,there have been relatively rich in the arbitration rules of the arbitration practice.There are five chapters.The first chapter is an overview of third-party financing in international investment arbitration.Firstly,the specific connotation of third-party financing is gradually analyzed from two aspects: generalized and narrow.Secondly,this paper expounds the theoretical background and current status of the third-party funding in international investment arbitration and lays a good theoretical foundation for the whole thesis from the development and development to the present situation.Chapter two expounds the performance of third party financing in international investment arbitration.By combing through the practice and characteristics of third-party financing in the current international investment arbitration,it expounds the advantages of third party funds in the international investment arbitration system.The third part shows the current international investment arbitration system of third party funding problems,from the conflicts of interest,jeopardizing the interests of the host country,rampant litigation risk from three aspects are discussed,for the improvement of the third-party funding trends and China's participation in the construction of athird-party funding path for reference.The fourth chapter is the research on the perfect trend of third party financing in international investment arbitration.From the two angles of perfect disclosure rules and confidentiality,third party participation in the existing international investment arbitration system is regulated.The fifth chapter is the construction path of China's participation in international investment arbitration.First,from China's participation in the status quo of third-party financing in international investment arbitration,it is necessary to explore China's construction of a third-party subsidy system.Secondly,in combination with China's national conditions,opinions and Suggestions are put forward for China's better participation in international investment arbitration.
Keywords/Search Tags:Third-Party Funding, International Investment Arbitration, Disclosure, Security for Costs
PDF Full Text Request
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