Third Party Funding In Arbitration

• Main Authors: LIAO, CHUNG-WEI, 廖崇崴
• Other Authors: CHEN, RONG-CHWAN
• Format: Others
• Language: zh-TW
• Published: 2018
• Online Access: http://ndltd.ncl.edu.tw/handle/9hu4rz

碩士 === 國立臺北大學 === 法律學系一般生組 === 106 === Third-party funding(TPF) is a nascent phenomenon that is becoming more well-known in (international) arbitration communities. But still, many prospective parties do not fully understand what TPF is. This essay aims to demonstrate the concept of TPF and its framework, it will also assess TPF and TPF agreement from morality, constitutionality and legality aspects under Taiwan’s public policy. Then, this essay analyzed the certain impact of TPF on arbitral procedure. Given impartiality and independence of arbitrators, the disclosure issue of third-party funding in arbitration proceedings will be addressed. The risks of undisclosed TPF in the context of conflicts of interest between arbitrators and the funder cannot be ignored. Given the “invest” nature of TPF, as an investor, some third-party funders would gain and exercise a certain degree of control to the funded arbitral claim. Thus, in order to hold those funders accountable, its impact to the proceeding shall reflect on the cost award, issues of awarding of costs and security for costs under the context of TPF will be discussed. Finally, if Taiwanese try to develop TPF industries, to some extent, the recognition and enforcement of foreign arbitral awards might put us at a disadvantage.