A Short Theoretical Assessment on Third Party Funding in International Commercial Arbitration

The debate about TPF is a positive sign of how vital and vibrant the world of international commercial arbitration is. Moreover, it casts a light on a practice which has been going on under the radar for several years, and now receives its fair share of attention. However, one should not mistake the fashionableness of a topic with the need to intervene in it. TPF-like schemes have been ongoing for decades, without much hassle: the spotlight should not be mistaken for the need to intervene with heavy regulation, which would probably cause more harm than benefit. It is desirable however that legislators and courts alike take a clear stance about the legitimacy of TPF as a whole, and provide some straightforward indications about its criticalities.