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Carolina Bayo writes for the newspaper Expansión about the new ICC regulation

The economic newspaper Expansión publishes our Senior Director’s opinion on the new ICC Regulation that just entered into force. Carolina Bayo explains that one of the most significant changes in the new Regulation with respect to its 2017 version, which will continue to apply to cases filed before January 1, 2021, is that it includes an expected specific provision on funders and a necessary obligation for the parties: to inform about the existence of third-party funding.

The obligation does not specify that the terms of the funding agreement must be disclosed. In Carolina’s opinion, the solution established by the ICC is balanced in that it preserves and respects the confidential nature of the funding agreement, while ensuring that future and current arbitrators comply with their obligations of impartiality and independence.

Read the full article (in Spanish) here.

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