Ciarb Finalizes Third-Party Funding Guideline for Arbitration
The Chartered Institute of Arbitrators (Ciarb) has finalized a guideline intended to bring greater clarity and consistency to the use of third-party funding (TPF) in international arbitration. The document addresses practical touchpoints that routinely surface in funded cases, including disclosure expectations, funder–party control, conflicts management, security-for-costs, and termination provisions.
An article in Global Arbitration Review reports that Ciarb’s move follows a multi-year effort to codify best practices as funding becomes a normalized feature of international disputes.
The guideline frames TPF as non-recourse finance that can enhance access to justice, while underscoring the need for transparent guardrails around influence and information-sharing. It also emphasizes tribunal discretion: disclosure should be targeted to the issues actually before the tribunal, with the goal of mitigating conflicts and addressing cost-allocation (including security) without converting funding agreements into mini-trials.
In parallel materials, Ciarb stresses that funded parties need not be impecunious and that funding may extend beyond fees to case-critical costs such as experts and enforcement.
For funders and users alike, the practical effect could be fewer procedural detours and more consistent outcomes on recurring questions (what to disclose, when to disclose it, and how to handle costs). If widely adopted in practice — by counsel in drafting and by tribunals in procedural orders — the guideline may reduce uncertainty premiums in term sheets and, in turn, lower the effective cost of capital for meritorious claims. It also sets a useful marker as regulators and courts continue to revisit TPF norms across key jurisdictions.