Director Timothy Mayer sets the record straight on common myths surrounding third-party funding in investor-state disputes (ISDS).

Tim challenges the narrative frequently echoed in media and policy debates that funded claims are inherently speculative or abusive. Drawing on ILFA’s submission to UNCITRAL and real-world ISDS examples Tim’s article highlights:

• No evidence that funding drives meritless claims

• Funded claims are at least as successful as unfunded ones

• Funding promotes access to justice, ESG principles, and rule of law

• Funding outcomes are not “risk-free”- when claims fail, funders lose

 

Tim’s article was published in ThoughtLeaders4Disputes on 23rd June 2025 and can be downloaded here.