Third-Party Funding in International Arbitration: Disclosure Obligation as an Antidote to Conflicts of Interest in Third-Party Funding Arrangements.
INTRODUCTION The escalating costs associated with international arbitration have emerged as a significant concern, given their potential to reach exorbitant levels. These increasing costs have transformed into a formidable obstacle for the parties involved, fueling concerns that arbitration may only be accessible to “deep-pocket” entities or individuals, thereby potentially denying meritorious claims access to justice […]
Does Extension of Arbitration Agreements to Non-Signatories Undermine the Principle of Consent as Cornerstone of Arbitration?
INTRODUCTION International arbitration has long been regarded as the cornerstone for resolving disputes between parties engaged in cross-border transactions. A fundamental principle underpinning this mechanism is that arbitration is consensual – a contractual arrangement entered voluntarily to resolve disputes outside the traditional court systems. As frequently expressed in arbitration agreements, consent generally binds only parties […]
