Please use this identifier to cite or link to this item: http://hdl.handle.net/1893/25794
Appears in Collections:Law and Philosophy Journal Articles
Peer Review Status: Refereed
Title: Can third party funding deliver justice in international commercial arbitration?
Authors: Yu, Hong-Lin
Contact Email: h.l.yu@stir.ac.uk
Keywords: Access to justice
Disclosure
Fairness
Funding arrangements
International arbitration
Issue Date: 2017
Citation: Yu H (2017) Can third party funding deliver justice in international commercial arbitration?, International Arbitration Law Review, 20 (1), pp. 20-34.
Abstract: Third party funding arrives at international commercial arbitration without clear guidelines. The recognition and acceptance of its legality is hampered by the omissions of all stakeholders' rights involved in international commercial arbitration. In balancing the funder’s contractual rights to gather information under the third party funding agreement and stakeholders' rights to know, the current research examined how non-disclosure of the third party funding agreement would prevent the arbitrators from fulfilling procedural justice required for the integrity of arbitration on their part and impede the opposing party’s right to know during the proceedings. The research highlights the issues from the delivery of procedural and substantive justice as well as suggesting legal and jurisprudential grounds in third party funding governance. It also points out that all issues examined will ultimately contribute to the failure in delivering justice in international commercial arbitration if third party funding is left to self-governance.
Rights: This item has been embargoed for a period. During the embargo please use the Request a Copy feature at the foot of the Repository record to request a copy directly from the author. You can only request a copy if you wish to use this work for your own research or private study. This is a pre-copyedited, author-produced version of an article accepted for publication in International Arbitration Law Review following peer review. The definitive published version H-L Yu, “Can third party funding deliver justice in international commercial arbitration?”, (2017) 20(1) Int. A.L.R. 2017, pp. 20-34 is available online on Westlaw UK or from Thomson Reuters DocDel service

Files in This Item:
File Description SizeFormat 
IALR_HongLinYu_2017.pdf707.47 kBAdobe PDFUnder Embargo until 1/3/2018     Request a copy

Note: If any of the files in this item are currently embargoed, you can request a copy directly from the author by clicking the padlock icon above. However, this facility is dependent on the depositor still being contactable at their original email address.



This item is protected by original copyright



Items in the Repository are protected by copyright, with all rights reserved, unless otherwise indicated.

If you believe that any material held in STORRE infringes copyright, please contact library@stir.ac.uk providing details and we will remove the Work from public display in STORRE and investigate your claim.