Title Page
ABSTRACT
Contents
CHAPTER 1. INTRODUCTION 10
1.1. Definition of Third-Party Funding 10
1.1.1. General Sense of Third-Party Funding 11
1.1.2. Narrow Sense of Third-Party Funding 12
1.2. Nature and Categories of Third-Party Funding 13
1.2.1. Nature of Third-Party Funding 13
1.2.2. Categories of Third-Party Funding 14
CHAPTER 2. THIRD-PARTY FUNDING IN COMMERCIAL ARBITRATION 16
2.1. History of Development 16
2.1.1. Spring Up of Third-Party Funding 16
2.1.2. Further Development of Third-Party Funding 18
2.2. Rationality of Third-Party Funding's Prosperousness 24
2.2.1. Provided Access to Justice 24
2.2.2. Satisfy the Needs of The Arbitration Applicant 25
2.2.3. Vigorously Promote the Investment Company 26
CHAPTER 3. CURRENT CHALLENGES OF THIRD-PARTY FUNDING FOR ARBITRATION 28
3.1. Contradiction of Profit in Third-Party Funding 28
3.1.1. The Conflict of Interest 28
3.1.2. Reasons of Contradiction 30
3.1.3. The Performance of Conflicts 32
3.1.4. Consequences of The Conflict 35
3.2. Confidential Obligations in Third-party Funding 37
3.2.1. Confidentiality of Arbitration 37
3.2.2. Confidential Obligations in Arbitration 40
3.3. Disclosure of Funded Parties 44
3.3.1. Case Assessment 45
3.3.2. Case Supervision 47
3.3.3. Disclosure of Listed Companies 48
3.4. The Implementation of The Rule 49
3.4.1. The Arbitration Tribunal Has No Jurisdiction Over the Funder 50
3.4.2. The Relativity of The Arbitration Agreement 50
3.4.3. The Expand of Effectiveness of Arbitration Agreement 51
3.4.4. The Serious Situation of Third-Party System in Arbitration 53
CHAPTER 4. THE FURTHER REGULATION OF THE THIRD-PARTY FUNDING IN ARBITRATION 62
4.1. The Necessary of Amendment 63
4.2. Method to Revision and It's Limitation 66
4.3. Emerging Approaches to Amend in Current Society 69
4.3.1. Hong Kong and Singapore 69
4.3.2. England and Wales 70
4.3.3. Australia and US 71
4.4. Appropriate scope for amendment 73
4.4.1. Judging the Disclosure and Confidentiality 73
4.4.2. Judging the Conflicts of Interest 75
4.4.3. Judging the Allocation of Cost and Sanction 77
CHAPTER 5. JUDGEING THE POSSIBLE DIFFICULTIES AND PROVIDING SOLUTIONS IN THE WAY OF REVISION 79
5.1. Solutions to Those Difficulties in Disclosure and Confidentiality 79
5.2. Solutions to Those Difficulties in Conflicts of Interest 82
5.3. Solutions to Those Difficulties in Allocation of Cost and Sanction 84
CHAPTER 6. CONCLUSION 91
REFERENCE 95