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Christopher Bogart provides commentary to Law360 on investor-state arbitrations

  • International arbitration
October 17, 2024

Burford CEO Christopher Bogart provides commentary to Law360 on investor-state arbitrations.

Bogart says: "'Professor Philippe Sands decided that the world needed a polemic from him on what he describes as a serious and real issue ― 'third-party funding' ― now enshrined in Rule 14 of the ICSID Arbitration Rules, that, he says, risks subverting the purpose of investor-state arbitration...Given that I have been funding investor-state cases for more than 15 years, it certainly seems to be taking a long time for that subversion to appear; if anything, funding is propping up the arbitral system and is used by respondents as well as claimants because it is economically sensible and financially efficient.'"

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