VidhiAagaz
International Journal ofLaw Management & Humanities
ISSN 2581-5369 · Open access
International Journal ofLaw Management & Humanities
Open accessResearch PaperVol. 8 No. III (2025)pp. 3003–3011

Ethics and Transparency in Third-Party Funding: Striking a Balance in International Arbitration

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Eleena EapenStudent at Symbiosis Law School, Pune, India
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Published 14 June 2025 · pp. 3003–3011 · Vol. 8 No. III (2025)
Abstract

Third-party funding (TPF) in international arbitration leads to ethical problems with integrity, particularly with respect to conflicts of interest, transparency, and procedural fairness. This article attempts to answer whether the advantages of TPF – including better access to justice – have been balanced against risks of bias, a tendency toward arbitrator bias, or undue influence by the funder. In a comparative analysis of the institutional rules (e.g., HKIAC, SIAC) and guidelines (e.g., I.B.A. Guidelines), the article argues that a mandatory disclosure of the identity of the funders without requiring full details of the agreement terms is enhanced ethical risk mitigation while respecting confidentiality. The article concludes with a call for the establishment of standard disclosure obligations in arbitral rules manifesting impartiality and enforceability, hence facilitating the sustainable development of the TPF in the area of international arbitration.

Keywords
ArbitrationConflicts of InterestDisclosureEthicsThird-Party Funding

How to cite

Eleena Eapen, Ethics and Transparency in Third-Party Funding: Striking a Balance in International Arbitration, 8 Int'l J.L. Mgmt. & Human. 3003 (2025).

Cite this article

Eleena Eapen, Ethics and Transparency in Third-Party Funding: Striking a Balance in International Arbitration, 8 Int'l J.L. Mgmt. & Human. 3003 (2025).
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