In October 2016, the International Centre for the Settlement of Investment Disputes (“ICSID”) announced that it would be amending its Arbitration Rules. The ICSID Secretariat released a list of topics that the Centre had considered addressing. One of the topics was to “Explore Possible Provisions on Third Party Funding.”
ICSID invited the public to comment on its list of topics and just recently released the public submissions. Several practitioners directly addressed third party funding in their submissions.
Prof. Carlos Matheus López proposed that a party be required to disclose third party funding when its funder might raise questions about an appointed arbitrator. Prof. López’s main concern is the […]