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Revealing Not-for-Profit Third-Party Funders in Investment Arbitration

Author: Victoria Shannon Sahani, Washington and Lee University
1 March 2017

The traditional view of investment arbitration tribunals is that the mere presence of a third-party funder has no effect on the arbitration proceedings. For example, the tribunal in Oxus Gold plc v Republic of Uzbekistan, UNCITRAL, Final Award, 17 December 2015, para 127, articulated the traditional view that third-party funding has no impact on the merits portion of the arbitration process: "It is undisputed that Claimant is being assisted by a third-party funder in this arbitration proceeding. The Arbitral Tribunal has mentioned this fact in its Procedural Order Nos. 6 and 7. However, this fact has no impact on this arbitration proceeding." ...

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