In this Working Paper, CCSI analyzes underexplored yet critical policy issues surrounding the use of third-party funding in ISDS. It considers the costs and benefits of the practice, asks whether it is desirable or undesirable that third-parties be permitted to invest in ISDS claims, and if so, under what circumstances and in order to achieve what objectives, and overviews policy responses, including a total or partial ban and various regulatory responses, that may be appropriate to manage identified impacts.
Brooke Guven & Lise Johnson,
The Policy Implications of Third-Party Funding in Investor-State Dispute Settlement,
Available at: https://scholarship.law.columbia.edu/sustainable_investment_staffpubs/8