ABSTRACT
International institutions deliberating on dispute resolution mechanisms and strategies have been evincing interest in discussing claim funding in international arbitration. The Working Group III of the United Nations Commission on International Trade Law (UNCITRAL) is currently engaged with the access to justice (“ATJ”) rationale set forth by proponents of third-party funding in the context of investor to State dispute settlement and is inquiring if such rationale is in line with traditional conceptions of ATJ as well as with UNCITRAL’s mission and the United Nations’ “recognition [of] the importance of fair, stable and predictable legal frameworks for generating inclusive, sustainable and equitable development, economic growth and employment, generating investment and facilitating entrepreneurship.” Maintenance and champerty have been the primary barriers to arbitral claim funding.
