FDI Perspective No. 253: “The case against third-party funding in investment arbitration,” by Frank J. Garcia and Kirrin Hough

The rapid increase of third-party funding (TPF) in investor-state dispute-settlement (ISDS) raises concerns about effects TPF may have on the stability, fairness and legitimacy of the investment treaty regime. States and other stakeholders should critically assess the risks posed by TPF in its current form, and regulate, if not ban, TPF in investment disputes.

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