Research On Information Disclosure Of Third Party Financing In Inter National Commercial Arbitration

With the increasing complexity of international commercial disputes,arbitration has become the preferred way to solve problems because of its flexibility and efficiency.However,with the continuous increase of arbitration costs,many parties are unable to bear this cost,which has become an obstacle for people to choose arbitration,and the third-party assistance for arbitration has emerged,which has great advantages in reducing the burden of the parties in arbitration cases,so more and more people choose the third party financing.With the trend of the application of the third-party funding more and more widely,it is necessary to conduct in-depth research on the third-party funding information.Therefore,this paper will make a detailed study on the disclosure of information of third-party funded arbitration in international commercial arbitration from the following aspects.The first part is an overview of the third-party financing and information disclosure of international commercial arbitration.The concept of third-party funding adopted in this paper is through signing a third-party funding agreement to make the third-party funders contact with the parties to the arbitration case,and specify the specific forms of funding and the ways of funding return.This is different from risk agency,arbitration insurance and loan.This part also describes the characteristics of the third-party funded information disclosure.In addition,the third-party funded information disclosure has a very important value in protecting the impartiality of arbitrators and arbitration procedures,solving the conflict of interest,making up for the damage caused by the confidentiality of arbitration,and preventing the risk of abuse of litigation.The second part is about the legislation and practice of the third party financing information disclosure.The countries of American legal system adopt the way of reform to deal with the changes brought by the third-party assistance arbitration in the market.Compared with this,the practice of third-party funding in civil law countries is much slower.The third part is to discuss the problems and solutions of the third-party financing information disclosure.The problems are analyzed from the aspects of disclosure obligation,disclosure scope and time,performance of disclosure obligation,etc.This paper also solves the problems in information disclosure one by one.The main body of information disclosure is defined as the recipient,arbitrators and third-party funders,and it is suggested to build the incentive system of third-party financing information disclosure.The last part is the construction of the third-party financing information disclosure system of commercial arbitration in China.By analyzing the necessity and the possibility of establishing the information disclosure system of the third-party funding in China,and combining with the actual situation of China,the paper designs the specific rules of the third-party financing information disclosure system in China.Combine the self-discipline of the industry with the professional ethics of lawyers,formulate arbitration rules and improve relevant laws and regulations.