Third Party Funding and Investment Arbitration – The Ménage À Trois Conundrum of International Arbitration?

This paper considers Third Party Funding as an evolving phenomenon within the context of international arbitration. This concept has grained significant ground particularly following the financial turmoil experienced during this new millennium, great technological strides and the emergence of high value awards on the global plane. The sector is largely variable and is becoming populated by players who though highly invested prefer to operate in the background with potential to significantly influence and alter the playing field. Considering that the sector is in flux and given its international nature subject to different and constantly conflicting dynamics in different jurisdiction there is a case to be made for policy and regulatory reform to respond to the ethical conundrums that have emerged and continue to develop.