Document Type

Article

Publication Date

4-19-2018

Abstract

The United Nations Commission on International Trade Law (UNCITRAL) is considering changes to its rules governing international arbitration proceedings. UNCITRAL Working Group III is analyzing possible reforms of the arbitral rules to address the risks associated with the increased prevalence of third-party funded investment arbitration claims. Funders claim that existing regulation is sufficient, arguing in part that funding provides access to justice for impecunious claimants who otherwise would be unable to bring claims. This essay argues that funders’ access to justice reasoning is flawed at best and dangerously misleading at worst. UNCITRAL must take immediate action to address the potential for exploitative practices by funders in the investment context.

Publication Citation

Boston College Law Review E. Supp. Vol. 60, Forthcoming; Boston College Law School Law and Justice in the Americas Working Paper No. 8

Share

COinS