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Frontiers of Law in China

Front. Law China    2019, Vol. 14 Issue (2) : 274-303     https://doi.org/10.3868/s050-008-019-0013-1
ARTICLE
Using Shields as Weapons: Third-Party Funding Assisting China-Related Arbitration under Belt and Road Investment
HOU Peng()
School of International Law, China University of Political Science and Law, Beijing 100088, China; Jointly Doctoral Candidate, School of Law, Boston University, Boston, MA 02215, USA; Visiting Researcher, Washington College of Law, American University, Washington, DC 20016, USA
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Abstract

In the summer of 2017, Hong Kong became the first jurisdiction in China to codify formal financing arbitration and to make it clear that third-party funders with no legitimate interest in the disputes could be allowed to inject capital to support funded parties in arbitration cases. With the latest Code of Practice coming into effect in the spring 2019, Hong Kong is ready to guide the funders in detail on delivering investments into the arbitral procedures in the harbor seat. By examining these legislative processes in Hong Kong, it can be proved that financing arbitration will enable enterprises to dispose of their disputes with easier access to justice, promote the quality and efficiency of dispute resolution, and improve the welfare of society as a whole. Therefore, it is justifiable to adopt third-party funding in China-related arbitration to promote the Chinese mainland’s arbitration practices and support the international proceedings involving Chinese parties, particularly the international ones arising from investments related to the Belt and Road Initiative.

Keywords third-party funding (TPF)      China-related arbitration      outward investment     
Issue Date: 08 August 2019
 Cite this article:   
HOU Peng. Using Shields as Weapons: Third-Party Funding Assisting China-Related Arbitration under Belt and Road Investment[J]. Front. Law China, 2019, 14(2): 274-303.
 URL:  
http://journal.hep.com.cn/flc/EN/10.3868/s050-008-019-0013-1
http://journal.hep.com.cn/flc/EN/Y2019/V14/I2/274
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