|Appears in Collections:||Law and Philosophy Journal Articles|
|Peer Review Status:||Refereed|
|Title:||Three may not be a crowd - who is in the driver's seat under Section 9 of the Contract (Third Party Rights) Act 2017|
|Keywords:||Third party funding|
access to justice
international commercial arbitration
|Citation:||Yu H (2018) Three may not be a crowd - who is in the driver's seat under Section 9 of the Contract (Third Party Rights) Act 2017. Journal of Business Law, 2018 (7), pp. 539-558.|
|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 stakeholder’s 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 Journal of Business Law following peer review. The definitive published version Yu H (2018) Three may not be a crowd - who is in the driver's seat under Section 9 of the Contract (Third Party Rights) Act 2017. Journal of Business Law, 2018 (7), pp. 539-558 is available online on Westlaw UK or from Thomson Reuters DocDel service|
|Submission-Journal-of-Business-Law-amended-28-September-2017.pdf||Fulltext - Accepted Version||332.88 kB||Adobe PDF||View/Open|
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