Funding: The Burning Questions

Those of you who are regular attendees at international arbitration conferences will be only too familiar with the catchy session on "Hot Topics". You will also know that third-party funding has been a resident hot topic on the arbitration conference circuit for a number of years. In this context, the topics that seem to arise most are:

• a funder's potentially harmful control of claims; and
• the potential conflicts of interest for arbitrators.

This article seeks to set the record straight on these and other key topics in the context of funding international arbitration, although many of the points made apply equally to litigation more generally.

Control vs Monitoring?