Third-Party Funding in International Commercial Arbitration
type: CreativeWork
description: This thesis explores the complexities surrounding third-party funding (‘TPF’) in international commercial arbitration, comprehensively examining the relevant ethical and legal challenges. The research addresses how TPF has evolved from the shadowy confines of maintenance and champerty into a more accepted method to access justice. It investigates various funding mechanisms and identifies ethical issues and procedural flaws in TPF. Chapter One lays the groundwork for the thesis by outlining the research questions, key issues and scope. It critically reviews the existing literature on TPF, identifying significant gaps and highlighting the contributions of this research. The chapter concludes with a detailed description of the methodologies employed, including doctrinal, theoretical, comparative, and reform-oriented approaches, demonstrating how they collectively support a thorough investigation of the topic. Chapter Two explains the nature of TPF and examines its history and theoretical foundations, including tracing its roots within ancient societies, considering the impediments of the doctrines of maintenance and champerty and noting the modern appeal of TPF as vehicle for delivering economic access to justice. This chapter examines the conceptual basis of TPF and its mechanisms and structures. It outlines the complexities of defining TPF and advocates for a comprehensive definition focusing on funding activities rather than individual stakeholders. Chapters Three and Four adopt a doctrinal and comparative approach, examining the evolution and regulation of TPF in common law jurisdictions, namely, England and Wales and Australia, as well as civil law jurisdictions, namely, Germany and the Netherlands. The research highlights disparities between these systems, identifies regulatory gaps and proposes strategies to mitigate potential risks. Chapter Five explores where TPF overlaps with international commercial arbitration. It begins with an overview of the applicable l…
abstract: This thesis explores the complexities surrounding third-party funding (‘TPF’) in international commercial arbitration, comprehensively examining the relevant ethical and legal challenges. The research addresses how TPF has evolved from the shadowy confines of maintenance and champerty into a more accepted method to access justice. It investigates various funding mechanisms and identifies ethical issues and procedural flaws in TPF. Chapter One lays the groundwork for the thesis by outlining the research questions, key issues and scope. It critically reviews the existing literature on TPF, identifying significant gaps and highlighting the contributions of this research. The chapter concludes with a detailed description of the methodologies employed, including doctrinal, theoretical, comparative, and reform-oriented approaches, demonstrating how they collectively support a thorough investigation of the topic. Chapter Two explains the nature of TPF and examines its history and theoretical foundations, including tracing its roots within ancient societies, considering the impediments of the doctrines of maintenance and champerty and noting the modern appeal of TPF as vehicle for delivering economic access to justice. This chapter examines the conceptual basis of TPF and its mechanisms and structures. It outlines the complexities of defining TPF and advocates for a comprehensive definition focusing on funding activities rather than individual stakeholders. Chapters Three and Four adopt a doctrinal and comparative approach, examining the evolution and regulation of TPF in common law jurisdictions, namely, England and Wales and Australia, as well as civil law jurisdictions, namely, Germany and the Netherlands. The research highlights disparities between these systems, identifies regulatory gaps and proposes strategies to mitigate potential risks. Chapter Five explores where TPF overlaps with international commercial arbitration. It begins with an overview of the applicable l…
author: Alturki, Ibrahim
language: eng
keywords: Litigation Funding, Third-Party Funding, International Commercial Arbitration, Private International Law, Commercial Law, Financial Law, Procedural Law
license: https://www.repository.cam.ac.uk/bitstreams/96af8b79-b8a0-4a27-8b5f-62d65d984511/download
license: https://www.rioxx.net/licenses/all-rights-reserved/
date published: 2024-07-23
date modified: 2026-07-24T01:33:21Z
provider: Cambridge University
publisher: Networked Digital Library of Theses and Dissertations
type: WebPage
source organization: University of Cambridge

PropertyValue
property ID: DOI
value: 10.17863/CAM.113667