غربالگری دعاوی

There is a growing stream of critics who see investment arbitration in favor of foreign investors and as a negative force as opposed to sustainable development. The phenomenon of third-party funding and its use in investment arbitration has increased such concerns. Third-party funding is basically the payment of all or a part of the arbitration costs of one of the parties of dispute by a third party funder which in return, the funder receives a percentage of the output of the award if successful. The purpose of this article is to explain and analyze the theoretical differences between pros and cons of third-party funding regarding the access to justice, screening mechanism for the claims, and the financial consequences on the host state. In this article, the advocates see third-party funding as a means of access to justice for aggrieved investors in investment claims, while the adversaries refering on the profitability of third-party funding, see this method in arbitration a form of wealth transfer from public sector to private corporations and also refer to the asymmetric structure of the investment arbitration regime as well as the risks arising from the transfer of management and control of arbitration process to the third party funders.