This book provides a critical, practically oriented examination of the ethical implications of third-party funding in international arbitration, viewed through the lens of legal ethics and the legitimacy and integrity of arbitral proceedings. It clarifies what constitutes appropriate and inappropriate conduct in third-party funding in international arbitration and provides guidance for arbitrators, lawyers, funders, parties, and policymakers navigating this fast-evolving field. With forward-thinking proposals, this book encourages the development of specialized professional standards and ethical rules for arbitration practitioners within an evolving, shared, self-regulatory ethical ecosystem of international arbitration, while also calling for external regulation of third-party funders' conduct through both statutory and market-based mechanisms. The timely information contained in this book supports the evolving needs of the international arbitration community and serves as a valuable guide for professionals navigating this changing landscape.

This book combines theoretical underpinnings with practical applications to serve as a resource for researchers, professionals, educators, and students. It provides researchers and arbitration participants with critical insights into the ethical implications of third-party funding in international arbitration, as well as practical guidance, recommendations for ethical standards and rules, and innovative strategies for meeting these challenges.

Provides a comprehensive review of the ethical implications of third-party funding in international arbitration Offers arbitration practitioners tools to navigate the complexities of third-party funding Explores the intergration of third-party funding into a self-regulatory regime of international arbitration

Autorentext

Dr. Yihua Chen is a foreign associate at HEUSSEN Advocaten & Notarissen (Amsterdam) and heads the firm's China Practice, advising clients on Dutch and broader European ventures. He specialises in cross-border investments and M&A, corporate governance, and international arbitration. He holds a PhD in Law from Erasmus University Rotterdam and is a guest lecturer at the Erasmus School of Law. His research interests include third-party funding, soft law in international arbitration, and international and comparative arbitration. He is a member of the Asian Academy of International Law, Young ICCA, and Young ITA.

Inhalt

Introduction.- Ethical Issues Arising from Third-Party Funding in International Arbitration.- Ethical Regime of International Arbitration.- Arbitrators: Disclosure and Conflicts of Interest.- Lawyers: Independence and Confidentiality.- Third-Party Funders: Regulation.- Conclusions and Recommendations.