Research output

Article in Journal

Three may not be a crowd - who is in the driver's seat under Section 9 of the Contract (Third Party Rights) Act 2017 (Forthcoming)

Citation
Yu H (2017) Three may not be a crowd - who is in the driver's seat under Section 9 of the Contract (Third Party Rights) Act 2017 (Forthcoming), Journal of Business Law.

Abstract
Third party funding arrives at international commercial arbitration without clear guidelines. The recognition and acceptance of its legality is hampered by the omissions of all stakeholder’s rights involved in international commercial arbitration. In balancing the funder’s contractual rights to gather information under the third party funding agreement and stakeholders’ rights to know, the current research examined how non-disclosure of the third party funding agreement would prevent the arbitrators from fulfilling procedural justice required for the integrity of arbitration on their part and impede the opposing party’s right to know during the proceedings. The research highlights the issues from the delivery of procedural and substantive justice as well as suggesting legal and jurisprudential grounds in third party funding governance. It also points out that all issues examined will ultimately contribute to the failure in delivering justice in international commercial arbitration if third party funding is left to self-governance.

Keywords
Third party funding; justice; access to justice; international commercial arbitration

StatusAccepted
AuthorsYu Hong-Lin
Date accepted by journal26/08/2017
PublisherSweet and Maxwell
ISSN 0021-9460
LanguageEnglish

Journal
Journal of Business law

© University of Stirling FK9 4LA Scotland UK • Telephone +44 1786 473171 • Scottish Charity No SC011159
My Portal