The third party funding in international arbitration (TPF), is a new and emerging phenomenon. TPF is a new way in which a third-party funder, if his client wins, deserves an agreed amount with his client, but failing, He has no right to refer to the client for the costs incurred. The purpose of this article is to describe and analyze the validity of the Third Party Funding in Arbitration contract in The Legal System of Iran. Accepting the validity of this concept in Iranian law can be disputed due to the lack of regulations and the impact of some concepts such as non-alea rule and aleatory contract. On the other hand, the increasing number of court cases requires more attention to arbitration and its expansion. On the other hand, this requires paying attention to the provision of arbitration costs. It seems that the validity of the Third Party Funding in Arbitration contract in The Legal System of Iran was accepted in the framework of Article 10 of the Civil Law by accepting the custom to recognize the transaction as "Alea". An issue that, in addition to creating a new field of investment, can lead to the development of arbitration and help the judicial system and reduce the increasing number of cases in judicial authorities; And it can strengthens the position of country as the seat of international arbitration.
Asadi, Mohammad Mahdi (2023), Types of Funding Models of International Arbitration, Legal Civilization, 15, 5-20.
Asadi, Mohammad Mahdi (2023), Investigating the Credibility and Status of International Arbitration Financing by the Third Party "TPF" in Investment Arbitration, Legal Civilization, 16, 21-43.
Asadi, Mohammad Mahdi (2023), Third-Party Funding in International Arbitration (TPF) , Legal Civilization, 14, 43-72.
Asadi, Mohammad Mahdi (2022), International Trade Law,Tehran:
Asadi, Mohammad Mahdi, Sajadi, Seyed kamal (2023) , Validity of Third Party Funding in international arbitration in legal systems and the necessity of its regulation, Journal of Legal Studies, 33, 275-293.
Maraghi, Abdul Muftah al-Husseini (1997), Al-Anawin, 2, Qom, Nashar al-Islami Institute.
Naraghi, Ahmed (Bita), Awaed Alayam.
Booliers, Eva (2015), Third- Party Funding: The Effect of The Growing Third – Party Funding Industry in International Arbitration on New Zealand,1ed,Wellington:Victoria University of Wellington.
Choi, Maria (2016), Third-Party Funders in International Arbitration: A Case for Protecting Communication Made in Order to Finance Arbitration, The Georgetown Journal of Legal Ethics, 29, 833-866.
Cremades Jr , Bernardo M. (2011), Third Party Litigation Funding: Investing in Arbitration, TDM, 8, 1-41.
Duggal, Kabir, Shahdadpuri, Khushboo (2018), General Duties of Counsel, Third- Party Funding in International Arbitration,1ed,New York: JurisNet,
Eken, Can (2021), A Detailed Comparison of Third-Party Funding Regulations in Hong Kong and Singapore, Asia Pacific Law Review, 29, 25-46.
Honlet, Jean-Christophe (2015), Recent decisions on third-party funding in investment arbitration, ICSID Review, 30, 699-712.
Rowles-Davies , Nicholas (2014) , Third Party Litigation Funding , 1ed,Oxford:Oxford University Press.
Sahani, Victoria (2016), Judging Third-Party Funding, UCLA Law Review, 63, 388-448.
Scherer , Maxi, Goldsmith , Aren and Flechet , Camille (2012), Third Party Funding in International Arbitration in Europe: Part I: Funders’ Perspectives, International Business Law Journal, 2, 207-220.
Steinitz, Maya (2011), Whose Claim Is This Anyway? Third-Party Litigation Funding, Minnesota Law Review, 95, 1268-1338.
Trần, Khoa (2020), Third –Party Financing of International Arbitration in the United Arab Emirates, in An International Perspective to the Contemporary Legal Happenings, The Law Learners, 537-551.
Von Goeler, jonas (2016), Third-Party Funding inInternational Arbitration and its Impact on Procedure,1ed, Alphen aan den Rijn: Wolters Kluwer.
Yves Derains (2013), Foreword, Third-party Funding in International Arbitration, in Bernardo M. Cremades, and Antonias Dimolitsa, eds., International Chamber of Commerce ICC, 5-6.
Asadi,M M and Moradi,A . (2024). The Validity of the Third Party Funding in Arbitration Contract in the Legal System of Iran. Journal of Studies in Islamic Law & Jurisprudence, 16(36), 61-78. doi: 10.22075/feqh.2023.30364.3575
MLA
Asadi,M M , and Moradi,A . "The Validity of the Third Party Funding in Arbitration Contract in the Legal System of Iran", Journal of Studies in Islamic Law & Jurisprudence, 16, 36, 2024, 61-78. doi: 10.22075/feqh.2023.30364.3575
HARVARD
Asadi M M, Moradi A. (2024). 'The Validity of the Third Party Funding in Arbitration Contract in the Legal System of Iran', Journal of Studies in Islamic Law & Jurisprudence, 16(36), pp. 61-78. doi: 10.22075/feqh.2023.30364.3575
CHICAGO
M M Asadi and A Moradi, "The Validity of the Third Party Funding in Arbitration Contract in the Legal System of Iran," Journal of Studies in Islamic Law & Jurisprudence, 16 36 (2024): 61-78, doi: 10.22075/feqh.2023.30364.3575
VANCOUVER
Asadi M M, Moradi A. The Validity of the Third Party Funding in Arbitration Contract in the Legal System of Iran. JSILJ. 2024;16(36):61-78 (In Persian). doi: 10.22075/feqh.2023.30364.3575
