Events
CCTL Transnational Economic Law and Dispute Settlement Group Book Talk – ‘Third-Party Funding in Investment Arbitration: A New Player in the System' by Dr. Can Eken
31 Mar 2025
11:00 am – 12:00 nn (HKT)
The Warren Chan Moot court, CUHK Graduate Law Centre, 2/F, Bank of America Tower, Central
Dr. Can Eken is a tenured assistant professor at Durham Law School, Durham University. He is also the co-director of the Durham International Dispute Resolution Institute (DIDRI) and a fellow of the Advance HE (FHEA) in the United Kingdom (UK). His research and teaching centre on international dispute resolution, with a particular focus on international commercial arbitration. His research interests also include online dispute resolution, investment arbitration, third-party funding, and other alternative dispute resolution mechanisms such as negotiation and mediation.
Dr. Eken is a triple-qualified lawyer and a fellow of the Chartered Institute of Arbitrators (FCIArb). He is qualified as an attorney in California and Türkiye, and as a solicitor in England and Wales. He is on the panel of arbitrators at the London Court of International Arbitration (LCIA), the International Chamber of Commerce (ICC), Dubai International Arbitration Centre, Asian International Arbitration Centre, and several other international arbitration centres. Listed by LexisNexis as an arbitration expert, he has served as a counsel and consultant in major international commercial arbitration cases.
Moderator:
Prof. Yueming Yan, Assistant Professor, CUHK LAW.
https://cloud.itsc.cuhk.edu.hk/webform/view.php?id=13706578
Registration Deadline: 28 March 2025, 12:30pm (HKT)
The author’s book is based on his PhD thesis at the Chinese University of Hong Kong. In the book, there are important empirical data on funders through interviews conducted with nearly thirty people working for third-party funders. It reveals a range of potential problems and lays out how funders are addressing them. The author created a guideline to eliminate procedural and ethical issues third-party funding (TPF) might raise. By doing so, it sheds new light on under-researched issues and offers essential guidance to help orient legal policy.
Overall, the book analyzes TPF in its entirety: Background information on TPF, the main procedural issues of TPF and case law on it, its ethical examination, and empirical research on TPF by reflecting the perspective of funders. Doctrinal analysis of TPF related issues in investment arbitration contributes to the current literature. Moreover, while procedural and ethical issues in TPF have consistently surfaced and been increasingly addressed by tribunals, they are not analyzed in academia thoroughly. Furthermore, TPF is barely approached through empirical analysis in literature. The scarcity of empirical data on TPF, especially in investment arbitration is well-known. The data this thesis provides helps to analyze procedural and ethical issues through the empirical method.
Language: English
*CPD credits are available upon application and subject to accreditation by the Law Society of Hong Kong (currently pending).
