توزيع التكاليف وضمانها في ترتيبات التمويل من الغير في التحكيم التجاري الدولي: "دراسة تأصيلية تحليلية مقارنة"

الملخص EN

Third-party financing arrangements ،or what is called third-party financing (TPF) ،have become an inevitable necessity in financing arbitration procedures ،in order to ensure the continuation of arbitration as a preferred tool for settling commercial disputes ،especially investment disputes ،after the exorbitant costs required by the procedures for proceeding with arbitration claims.

Even reaching a judgment of litigation ،to a degree that may be difficult for many plaintiffs to bear ، which warns of the possibility of refraining from arbitration in the event that financial resources are not available to cover the costs of arbitration ، even if they are not parties to the dispute.

Despite the great challenges facing the phenomenon of funding from non-parties to the arbitral litigation ،as a phenomenon alien to the privacy of arbitration ،it may overthrow the constants of arbitration on which it has been based since its birth as a special judiciary for adjudicating commercial disputes ،and among the most important of these pillars is the confidentiality of the dispute and the impartiality and independence of the arbitral tribunal.

For arbitration by the parties to the conflict imposed acceptance of this relatively recent phenomenon.

Therefore ،practitioners and those interested in arbitration preferred to search for ways to address the challenges facing the phenomenon of funding from third parties in return for accepting this phenomenon ،which was taken as a tool to manage arbitration risks and overcome the exorbitant cost of arbitration in order to reach justice ، despite the risks that this phenomenon bears in itself.

One of the biggest challenges facing the phenomenon of thirdparty financing is how to distribute and guarantee costs ،and whether the arbitral tribunal has the ability to grant a guarantee for the costs of the parties during the arbitration period.

This is as a precaution to ensure a party seeking such an order from being subjected to frivolous and costly arbitration by an unfair ،but opportunistic ،under-assed party ،in the event of an adverse order on costs.

This will be clear to us through the research presented.