Research On The Legal Issues Of Third Party Funding Cost Sharing In International Commercial Arbitration

In international commercial arbitration,third-party funding is a hot topic in recent years.The so-called third-party funding is simply an object of non-arbitration procedures to the parties to the arbitral proceedings,generally the applicants provide financial support to enable them to initiate and successfully complete the arbitral proceedings,and to obtain income from the winning ruling.The introduction of third-party funding mechanisms in international arbitration is presumably because third-party funding helps promote arbitration.With the increase in third-party funding arbitration cases,it is important to analyze arbitration cases involving third-party funding.The purpose of this paper is to analyze whether the third-party funding costs constitute arbitration fees,whether compensation can be obtained,the specific allocation issues in specific cases,and the current form to propose a suitable road suitable for China.Therefore,based on the existing regulations of Hong Kong,China and the guidelines formulated by other arbitration institutions,this article provides direction for the improvement of relevant provisions of the Chinese mainland arbitration law,so as to avoid unnecessary disputes as much as possible.Make China's arbitration law "international" and better cope with future challenges.Specifically,in addition to the introduction and conclusion,the paper is divided into the following five parts:The first part is the basic issues involved in the allocation of third-party funding costs in international commercial arbitration.In this part,this article sorts out some background issues and concepts of third-party funding in international commercial arbitration,starting with the definition of third-party funding,exploring the impact of third-party funding on arbitration,and clarifying the current international community's existing regulations on third-party funding.At the same time,it emphasizes whether the arbitral tribunal has jurisdiction over third-party funding.The second part is the relationship between the cost of third-party funding and the arbitration fees in international commercial arbitration.In this part,this article starts with the relevant laws,combines the opinions of the judges in the practical ruling,explains the connotation and extension of the arbitration fees,and then sorts out how the arbitration fees are recognized in the third-party subsidy cost allocation,and classifies the third-party subsidy expenses.For the fourth part of the article,analyze the specific allocation of third-party funding costs.The third part is the general principle of arbitration fees in international commercial arbitration.This article explains the different sharing principles of the United Kingdom and the United States,and then discusses which principle is used for the cost sharing of third-party funding in international commercial arbitration.Based on the analysis of the case of third-party cost sharing,analyze the principle of apportionment used by third-party funding.The fourth part is to combine the case on the basis of the theory and the loss of the case,and discuss how the third-party subsidy should be apportioned among the parties to reflect the value of arbitration.The fifth part is the enlightenment of the theory and practice of third-party funding cost sharing in international commercial arbitration to China.In this part,this article first describes the current practice of third-party funding arbitration in China,namely the level of legal development of Hong Kong in this respect in China,and then analyzes the legality of third-party funding in the perspective of our country's law,and then introduces third-party funding.The necessity of Chinese mainland law was elaborated,and finally the specific recommendations for the regulation of third-party funding were put forward for the improvement of relevant laws in China.