Strategies for China’s Response to and Improvement of Third-Party Funding in International Investment Arbitration
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Keywords

Third-party funding
International investment
Arbitration

DOI

10.26689/pbes.v6i6.5717

Submitted : 2023-11-28
Accepted : 2023-12-13
Published : 2023-12-28

Abstract

China should prioritize the establishment and enhancement of a third-party funding system. It should actively refine the existing arbitration rules, addressing any loopholes in the current regulatory framework. Comprehensive measures should be implemented to regulate third-party funding, aligning with international trends. This is crucial not only to safeguard the foreign investment of the Chinese government and enterprises but also to position China as a globally influential arbitration center.

References

Shahdadpuri KH, 2016, Third-Party Funding in International Arbitration: Regulating the Treacherous Trajectory. Asian International Arbitration Journal, 12(2): 77–106. https://doi.org/10.54648/aiaj2016005

Osmanoglu B, 2015, Third-Party Funding in International Commercial Arbitration and Arbitrator Conflict of Interest. Journal of International Arbitration, 32(3): 325–349. https://doi.org/10.54648/joia2015013

de la Rasilla I, 2022, ‘Sharp Ears to Hear a Thunderclap’? The Rise of Mediation in the International Dispute Prevention and Settlement System of the Belt and Road Initiative. Asia Pacific Law Review, 29(1): 167–188. https://doi.org/10.1080/10192557.2021.2013664

Ferreira A, 2020, Intertwined Paths of Globalization and International Investment Law. Journal of International Trade Law and Policy, 19(2): 85–99. https://doi.org/10.1108/JITLP-01-2020-0010