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101 Geo. L.J. 1649 (2012-2013)
Full Disclosure: Conflicts of Interest Arising from Third-Party Funding in International Commercial Arbitration

handle is hein.journals/glj101 and id is 1707 raw text is: Full Disclosure? Conflicts of Interest Arising from Third-Party Funding in International Commercial Arbitration JENNIFER A. TRUSZ* INTRODUCTION .......................................... 1650 I. THE THIRD-PARTY FUNDING RELATIONSHIP .................. 1653 II. THE RISE OF THIRD-PARTY FUNDING IN COMMERCIAL ARBITRATION 1658 A. GROWTH IN THE USE OF THIRD-PARTY FUNDING IN DOMESTIC LITIGATION ..................................... 1659 B. AVAILABILITY OF THIRD-PARTY FUNDING GIVEN THE IMMENSE COSTS AND VOLUME OF ARBITRATION .................... 1662 C. THIRD-PARTY FUNDING IN INVESTMENT TREATY ARBITRATION ... 1664 III. CURRENT RULES REGARDING INDEPENDENCE OF THE ARBITRATOR ... 1665 A. CURRENT RULES REQUIRE ARBITRATOR INDEPENDENCE ........ 1665 B. THE IMPORTANCE OF ARBITRATOR INDEPENDENCE ........... 1668 C. THIRD-PARTY FUNDING IMPLICATES ARBITRATOR INDEPENDENCE . 1669 IV. PROPOSAL ON DISCLOSURE OF THE THIRD-PARTY FUNDING RELATIONSHIP ....................................... 1673 A. DUTY OF THE ARBITRATOR TO DISCLOSE .................. 1674 B. DUTY OF A PARTY TO DISCLOSE ........................ 1675 C. AUTOMATIC CONFLICTS CHECK BY THE ARBITRAL INSTITUTION, TRIGGERED BY PARTY DISCLOSURE ..................... 1675 D. PROHIBITION ON CONSIDERATION OF A THIRD-PARTY FUNDING RELATIONSHIP BY THE TRIBUNAL ....................... 1677 E. APPLICATION TO THE UNCITRAL ARBITRATION RULES ............ 1680 CONCLUSION ............................................ 1681 * Georgetown University Law Center, J.D. 2013; Georgetown University, B.A. 2010. @ 2013, Jennifer A. Trusz. I am grateful to all of the teachers who have encouraged me throughout the years-and particularly to David Stewart and Mark Kantor for their invaluable comments in this endeavor. Many thanks, as well, to my colleagues on The Georgetown Low Journal for their advice and editorial assistance. I could not have written this Note without the support of my family and Alex Ivers. All errors are my own. 1649

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