In light of interest in the international arbitration community concerning investment treaty cases against Argentina since the 2001 economic crisis, we thought it could be useful to share Freshfields’ working…

…that the funding agreement may play a larger role (with its corresponding confidentiality provision) in arbitration than in litigation. With arbitration the likely reason to require disclosure may be limited…

…and Bridas SAPIC v Turkmenistan (June 1999) ICC arbitrations concern variants of this scenario. The legal mechanisms for compelling a non-signatory to join arbitral proceedings are numerous and include agency,…