英文摘要 |
Third party funding in investors'filing ICSID cases has become an rising industry in Europe and USA. The lack of transparency in funding, the complicated relation network among funders and arbitrators, and the uncertainty in arbitral costs bearing will encourage abuse of investment arbitration against host states, and harm the interests of host states as well as the justification of international investment arbitration. To prevent this kind of abuse, funding agreements and investment treaty shall impose disclosure obligation on the funded party and arbitrators. Costs shifting rules are also needed to incentiv'ize the disclosure, Al] these depend on strengthening the reasoning of cost allocation in arbitral awards and regulating arbitrators'discretion. |