International Economic Law

Third-party litigation funding (TPF) is a rapidly expanding industry composed of speculative investors who finance legal claims in exchange for influence over case management and a contingency in the recovery.[1] The potentially high damage awards (recently averaging $500 million per dispute) characteristic of investor-state arbitration (ISDS) under the bilateral investment treaty (BIT) regime[2] have made it a new and highly attractive market for TPF.

On August 2, 2018, the International Centre for Settlement of Investment Disputes (ICSID) Secretariat released its "Proposals for Amendments of the ICSID Rules" (Proposals).[1]