A Critical Analysis of Third-Party Funding in Investment Arbitration

Please join HIALSA for a lunch talk with Professor Frank Garcia and Brooke Güven on a critical analysis of third-party funding (TPF) in investor-state dispute-settlement (ISDS) cases.

TPF of investment disputes is rapidly increasing, as investors discover the high returns to be made by funding claimants in investor-state dispute-settlement (ISDS) cases. TPF proponents often defend the practice as enhancing access to justice, in domestic litigation for indigent claimants and in commercial arbitration for small and medium-size business owners. It is a critical and opportune moment to take a careful and sustained look at the risks that third party funding poses to state objectives, to the public, and to the investment regime itself.

Non-pizza lunch will be served.