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Research On Information Disclosure Of Third Party Funding In International Arbitration

Posted on:2020-03-14Degree:MasterType:Thesis
Country:ChinaCandidate:B W WangFull Text:PDF
GTID:2416330575995106Subject:Law
Abstract/Summary:PDF Full Text Request
In recent years,with the rapid entry of third-party funding into the field of international arbitration,and extensive participation in international arbitration,especially in international in-vestment arbitration cases,third-party funding can be seen frequently.Third-party funding has become a hot topic in the international arbitration community.Although many well-known international arbitration institutions and jurisdictions with active international arbitration have affirmed the legitimacy of third-party funding in international arbitration in a clear or default manner,this practice is still controversial in the international arbitration academic circles.In the face of fierce debates in the international arbitration theory community and practical issues arising from the practice of third-party funding arbitration,such as the issue of privilege of arbitration,the issue of guarantees for arbitration fees,etc.,more and more international arbitration institutions and international arbitration are active.The national government is aware of the need to regulate third-party funding and is proposing relevant regulatory measures.From the beginning of the third-party funding intervention in the field of international arbitration,there are many practical issues brought to international arbitration.Among them,the conflict of interest and information disclosure caused by the involvement of third-party funding in the international arbitration process has attracted much attention.This issue not only complicates the disclosure obligations of arbitrators in international arbitration,but also relates to the fairness and transparency of international arbitration.Unreasonable resolution will also affect the certain enforceability of international arbitral awards.By analyzing the relevant international arbitration rules and the provisions of the legislative provisions on third-party funding,this paper indicates that its provisions on third-party funded information disclosure are seriously inadequate.There is a lack of important content on the regulation of this issue.Conduct a systematic discussion of this issue and conduct in-depth research.Based on the shortcomings and shortcomings of the current relevant regulatory methods,combined with the current development status of third-party funding in international arbitration,it proposes solutions and suggestions for the effective resolution of third-party funding information disclosure issues to promote the sound development of international arbitration.China's International Trade Arbitration Commission affirmed the legality of third-party funding in the provisions of the International Investment Dispute Arbitration Rules issued in 2017.This is the first time in China's arbitration field that there are provisions for third-party funding,and the disclosure of third-party funding information.Research also contributes to the development and growth of arbitration in China.
Keywords/Search Tags:International arbitration, Third-party funding, Conflict of interests, Information disclosure
PDF Full Text Request
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