AN ASSESSMENT OF THIRD-PARTY FUNDING OF COMMERCIAL ARBITRATION IN NIGERIA

Abstract

The new arbitration law in Nigeria, Arbitration and Mediation Act of 2023 has established a legal framework that enhances the transparency, speed, autonomy, and enforceability of arbitral awards and mediation settlements. Commercial arbitration is a specialized dispute resolution process that provides a quicker and more efficient process of dispute resolution. Nothing promotes business initiatives and transactions like the assurance of being able to quickly resolve disputes and enforcing the rights of parties to a commercial agreement. The aim of this paper is to provide an assessment of impact of Third-Party Funding (TPF) on investor decision-making and conduct in commercial arbitration. A third-party funder may be a natural or legal person who is not a party to a dispute but who only provides money to finance the cost of the proceedings. Adopting the doctrinal methodology, this paper investigates the impact of Third-Party Funding (TPF) on investor decision-making and conduct in commercial arbitration. It provides an overview of TPF in commercial arbitration, emphasizing the importance of impact assessments. The work explores factors influencing investor decisions, conduct implications of TPF, and presents case studies and examples. Benefits, drawbacks, and impact assessment are discussed, culminating in recommendations for future research and policy development in this field.

Keywords:Arbitration, Commercial, Third-party funding, Investor.

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