by Duarte G. Henriques, BCH Advocados* During a meeting on the occasion of the last ICCA Congress in Mauritius, someone asked whether a Third Party Funding is considered an “investment” for the purposes of protection afforded by international investment agreements (“IIAs”) and investor state dispute settlement (“ISDS”). Contrary to my first reaction—“no, TPF is not protected”—the … Continue reading Is Third Party Funding a Relevant “Investment” for the Purposes of a IIA Protection?
by Duarte G. Henriques, BCH Advocados* In the context of the discussions surrounding the Transatlantic Trade and Investment Partnership (TTIP), much criticism has been raised against ISDS (Investor-State Dispute Settlement). We know now that the European Parliament echoed public complaints and voted against the inclusion of an ISDS mechanism in the TTIP. It further recommended to … Continue reading Transnational Court of Investment Arbitration
by Duarte G. Henriques, BCH Advocados* Some time ago, a question was asked to the members of the ICC Institute of World Business Law, of which I am a member, aiming at contributing to its quarterly newsletter: are third party funders a game-changer or business as usual? At the time I was not able to … Continue reading Third Party Funders: Game-Changers or Business as Usual?