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This article studies the Third-Party Funding in international arbitration (best known as tpf), in order to understand how tpf trends can promote its own development over the next ten years. Thus, once having examined the concept and evolution of the figure through a bibliographic review, the document analyzes the future of the tpf based on three of its most relevant trends: I) the exponential growth in the use of the figure, ii) the arrival of the figure to markets where it was shallow or not at all known, and iii) its recent stage of regulation. This paper concludes the next ten years of the tpf will likely be defined by its steady growth because there are no signs of stagnation in its use and consolidation on new markets. Nevertheless, the future of the figure seems to be mainly linked to its legal regulation, since it would achieve a universal concept, as well as guarantee the validity of the figure in jurisdictions where it is currently prohibited, and contribute to solving criticisms against it. [ABSTRACT FROM AUTHOR]

The main object of this work is to analyse the phenomenon of Third Party Funding and its influence and development in the current commercial and investment arbitration world. Thus, the work analyse the main aspects and characteristics of the TPF and the different regulations that already exists. In addition, the work studies how the use of TPF could influence in the independence and impartiality of the arbitrators and therefore, the possibility of the existence of conflict of interests. [ABSTRACT FROM AUTHOR]

Without opposing to the doctrine of the Court of Justice of the European Union, which has facilitated an extensive ex officio validity control of the arbitration agreement by the state courts in the area of consumer protection, this paper argues that perhaps this doctrine could be moderated according to the procedural conduct of the party in litigation, in order not to disproportionately affect core elements of the arbitration such as: the parties' consent, the Kompetenz-Kompetenz rule and the limited court involvement. [ABSTRACT FROM AUTHOR]

This article aims to study objective arbitrability in domestic arbitration in Colombia. This article proposes a catalog or list of matters that are not arbitrable originating in the law itself, in the various decisions that the courts and doctrine have uttered. In addition, this text comments on particular areas or topics that, although arbitrable, have proved currently controversial for the arbitrators' knowledge. After identifying and studying the issues that are not arbitrable in Colombia and then refer to certain specific issues that may be submitted to arbitration (that are worth mentioning), it is concluded that, as a result of the freedom of the law, a list of non-arbitrable matters in Colombia has been built. This list at no time is intended to be limiting or much less taxative, but that reflect the evolution that the legislator and the courts have had in its continuous construction. For the elaboration of this list, the dogmatic method of legal investigation has been used, which takes into account the legal provisions, doctrine and jurisprudence of the High Courts in Colombia. [ABSTRACT FROM AUTHOR]

As part of its arbitration case on the South China Sea, the Philippines requested the arbitral tribunal to determine the status of certain features of the Spratly Islands under Article 121 of the 1982 United Nations Convention on the Law of the Sea. The Tribunal first clarified the meaning of the article, then subsequently applied it to the features in question, before concluding that no feature in this area is capable of generating an exclusive economic zone or continental shelf, for the reason that the features failed to satisfy the two criteria set forth in Article 121(3)—“human habitation” and “economic life of their own.” This article examines the historical evidence that was used to determine whether the maritime features in question satisfy these two criteria. It finds that there were existing evidence and additional materials that were overlooked by the Tribunal, with implications which could potentially have led to an alternative outcome. [ABSTRACT FROM AUTHOR]

This article analyzes China's policy approach to dispute settlement through the angle of its attitude on international law, especially the role of third‐party compulsory mechanism in solving international disputes. It explains China's position of no acceptance and no participation in the South China Sea arbitration case and discusses the legal implication of the arbitration case and its political and security impacts on the South China Sea (SCS). A compulsory dispute settlement mechanism may not be the only or the best option for addressing the disputes in the SCS. A model of maritime dispute management is proposed with the goal of achieving peace and stability in the region of the SCS. This article suggests a practical four‐tiered model of maritime dispute management in the SCS, namely, environmental security as a driving force of cooperation in the SCS, fisheries cooperation as a start of the SCS dispute resolution, United Nations Convention on the Law of the Sea as a framework for ocean governance in the SCS, and lastly, transformation of ways of thinking as a foundation to lead policy and research direction. [ABSTRACT FROM AUTHOR]

The article analyzes the rationale, context, and implications of the Philippines’ landmark arbitration case in the South China Sea. Specifically, it evaluates four important and inter‐related issues: (i) the centrality of international law, particularly the United Nations Convention on the Law of the Sea, to the peaceful management and, if possible, resolution of the South China Sea disputes; (ii) political and strategic factors, which convinced the Aquino administration to embark on a risky and uncertain legal warfare (lawfare) strategy against Beijing, which, in turn, vehemently opposed any third party arbitration vis‐à‐vis maritime and territorial disputes; (iii) the merits, outcome, and strategic implications of the Southeast Asian country's arbitration case on the broader geopolitical landscape in the region; and lastly, the divergent South China Sea strategy of the Duterte administration, which decided to soft‐pedal and sublimate the arbitral tribunal award in favor of a dialogue‐based resolution of the disputes. [ABSTRACT FROM AUTHOR]

This article analyzes the role played by the Monroe Doctrine in the disagreements that took place between Spain and the United States in Latin America during the 1880s. Based on diplomatic sources preserved in archives in the United States and Spain, the article argues that these apparently peripheral incidents reveal that the Monroe Doctrine was a lasting, although flexible, principle of U.S. foreign policy in Latin America. Specifically, the evidence suggests that the motor behind the evolution of the doctrine was U.S. domestic policy. [ABSTRACT FROM AUTHOR]

Towards the end of the 19th century, the Pan-American project implied a series of political, economic, and cultural strategies that increased the influence of the United States in Latin America. In this context, the countries of the Southern Cone began accepting arbitration by American presidents or delegates in territorial border conflicts. The article analyzes the participation of the United States in the conflict between Argentina and Chile over the Puna de Atacama (1899). This approach aims at identifying the contributions of the United Sates in the selection of criteria to negotiate the border, in the first place, and, secondly, to explore the connections between said arbitration and Pan- Americanism in the region. [ABSTRACT FROM AUTHOR]

The present paper is a bibliographical overview which constitutes the author's first document presented for his PhD in Law from the Universidad Javeriana. It presents the latest studies on formalisation and judicialisation of arbitration in some legal systems in Latin America. For this purpose, it will deal with matters such as the definition of the legal nature of arbitration, monism and dualism in legislative structures, the constitutionalisation of the figure and phenomenon of judicial intervention. [ABSTRACT FROM AUTHOR]

This article analyses how the fair and equitable standard is applied by international tribunals from the interpretation of the clauses of the bilateral investment treaties, establishing a tension with the notion of regulation, as States police power on the economic activities within their territories. We try to show how international tribunals deal with this tension defining limits to the States powers and fixing the scope to the standard. This article is the first part of the study mentioned above, and the second section will address the Arbitration Court's judicial decisions within the North American Free Trade Agreement. [ABSTRACT FROM AUTHOR]