In international arbitration, as in other fields of law, the divide between private and public—commercial arbitration and public international (including investment) arbitration—traditionally has been the generally, if uncritically, accepted belief. When public bodies are involved in commercial contracts, the traditional point of distinction has been whether the state operated jure imperii or jure gestionis. Apart…

The last several years have witnessed a tremendous increase in the participation of third-party funders in international arbitration.  A growing number of claimants are seeking external funding, either because they lack the necessary funds to commence arbitration proceedings (which are becoming increasingly more expensive) or because they want to maintain cash-flow and offset the risk…