Al-Biruni Journal of Humanities and Social Sciences

Abstract

ABSTRACT
Third-party funding (TPF) is a current technique that improves parties' access to arbitration and helps to increase access to justice in light of recent legal and economic developments. Despite being widely accepted, the TPF concept is still not widely applied in Jordanian law and faces a number of ethical and legal framework-related obstacles. To comprehend its function and possibilities for enhancing the arbitration system, a thorough investigation is required. The purpose of this study is to examine the function of third-party funding in arbitration proceedings under Jordanian law, with an emphasis on the opportunities, risks, and potential difficulties that it may provide. In order to provide a thorough and cohesive overview of the subject, the study uses a legal analytical methodology based on a review of pertinent literature, an analysis of pertinent Jordanian legal texts, and pertinent international comparative studies. According to the study's conclusions, third-party funding has a great deal of potential to strengthen the arbitration environment by empowering parties with little money, increasing the efficiency of processes, and facilitating wider access to the legal system. A clear legal and regulatory framework is necessary to guarantee the preservation of all parties' rights, since the study identified ethical and legal issues pertaining to secrecy, conflicts of interest, and the independence of the arbitration panel. The study also underlined how crucial it is to raise ethical and transparency standards and create regulations for third-party fundraising in Jordan. The study concludes by highlighting the significance of creating a cogent legal framework that takes into account international trends, strengthens justice, and addresses the risks and difficulties involved. By ensuring openness, honesty, and the rights of all parties, this study is a major step toward the safe and successful incorporation of third-party funding into the Jordanian arbitration system.

Keywords: Third-Party Funding; Legal and Ethical Considerations; Access to Justice; Integrity and Independence

References

References
[1]   Allen, R., "Third-Party Funding in International Arbitration: Legal Developments and Challenges," Journal of International Dispute Resolution, vol. 35, no. 2, pp. 180-195, 2020. https://doi.org/10.1093/jidrr/zzaa012.
[2]   Bhatia, S., "The Role of Third-Party Funding in Resolving Disputes: A Comparative Analysis," Arbitration International, vol. 36, no. 3, pp. 321-340, 2021. https://doi.org/10.1093/arbint/zzab045.
[3]   Chen, L., & Wang, Y., "Legal Frameworks for Third-Party Funding in Asia: Recent Trends and Future Prospects," Asian Journal of International Law, vol. 11, no. 1, pp. 45-67, 2020. https://doi.org/10.1017/S2044251320000030.
[4]   Davis, M., "Third-Party Funding and Confidentiality in International Arbitration," International Arbitration Law Review, vol. 23, no. 4, pp. 250-265, 2020. https://doi.org/10.1093/ialr/izaa024.
[5]   El-Ayouty, M., "Legal and Ethical Considerations of Third-Party Funding in Arbitration," Journal of Business Law, vol. 44, no. 5, pp. 512-538, 2021. https://doi.org/10.2139/ssrn.3782400.
[6]   Fernández, P., "The Impact of Third-Party Funding on Arbitration Costs and Efficiency," Law and Practice of International Courts and Tribunals, vol. 19, no. 2, pp. 211-234, 2020. https://doi.org/10.1163/15718034-12341345.
[7]   Garcia, S., "The Future of Third-Party Funding: Opportunities and Risks," Harvard Negotiation Law Review, vol. 25, pp. 101-124, 2021. https://doi.org/10.2139/ssrn.3747855.
[8]   Hassan, A., "Legal Challenges of Third-Party Funding in International Commercial Arbitration," European Journal of International Law, vol. 31, no. 3, pp. 725-744, 2020. https://doi.org/10.1093/ejil/chaa015.
[9]   Jackson, K., "Third-Party Funding and Arbitration Transparency," Law Quarterly Review, vol. 136, pp. 60-82, 2020. https://doi.org/10.1093/lqr/lqaa021.
[10]   JAMAL AWWAD ALKHARMAN. (2025). Cyber-Terrorism Crimes And Their Impact On Maritime Transport Operations. Al-Biruni Journal of Humanities and Social Sciences, 3(10). https://doi.org/10.64440/BIRUNI/BIR005
[11]   Lee, D., "Third-Party Funding in Latin America: Legal and Ethical Perspectives," International Arbitration Review, vol. 27, no. 1, pp. 45-67, 2020. https://doi.org/10.1093/ialr/izaa036.
[12]   Lopez, M., & Singh, R., "Developments in Third-Party Funding: A Global Overview," Journal of Conflict Resolution, vol. 64, no. 5, pp. 891-917, 2020. https://doi.org/10.1177/0022002720907601.
[13]   Mahajan, R., "Third-Party Funding and Its Impact on Fairness in Arbitration," International Arbitration Journal, vol. 36, no. 4, pp. 400-419, 2021. https://doi.org/10.1093/baoi/zzab067.
[14]   Morales, T., "Legal Aspects of Third-Party Funding in International Arbitration," Transnational Dispute Management, vol. 17, no. 3, pp. 205-223, 2020. https://doi.org/10.2139/ssrn.3572706.
[15]   Nagpal, S., "Emerging Legal Frameworks for Third-Party Funding in the Middle East," Arab Law Quarterly, vol. 35, no. 2, pp. 183-204, 2020. https://doi.org/10.13172/alq.35.2.183.
[16]   O'Neill, M., & Parker, J., "Third-Party Funding in International Arbitration: Ethical and Practical Challenges," Dispute Resolution Journal, vol. 75, no. 3, pp. 230-250, 2021. https://doi.org/10.1093/drj/zzab089.
[17]   Patel, K., "The Role of Third-Party Funding in Investment Arbitration," Transnational Investment Law & Policy Journal, vol. 8, no. 2, pp. 112-134, 2020. https://doi.org/10.2139/ssrn.3667890.
[18]   Ribeiro, F., & Silva, L., "Third-Party Funding and its Influence on Dispute Outcomes," International Journal of Dispute Resolution, vol. 26, no. 4, pp. 295-317, 2021. https://doi.org/10.2139/ssrn.3781425.
[19]   Sanchez, D., "Regulatory Developments and Trends in Third-Party Funding," Journal of Legal Studies, vol. 44, no. 1, pp. 80-102, 2020. https://doi.org/10.1093/jls/zzaa049.
[20]   Singh, A., "Legal Risks Associated with Third-Party Funding," Asian Law Review, vol. 12, no. 3, pp. 157-175, 2021. https://doi.org/10.2139/ssrn.3765412.
[21]   Jabber, M. N. (2025). NATO from formation to expansion: A perspective on international relations. Al-Biruni Journal of Humanities and Social Sciences, 3(10). https://doi.org/10.64440/BIRUNI/BIR006
[22]   Wang, H., "Third-Party Funding in China: Legal Developments and Challenges," Chinese Journal of International Law, vol. 19, no. 4, pp. 789-810, 2020. https://doi.org/10.1093/cjil/zzaa034.
[23]   White, P., & Zhao, Y., "Access to Justice and Third-Party Funding," Journal of Legal Access, vol. 7, no. 1, pp. 45-66, 2021. https://doi.org/10.2139/ssrn.3779121.
[24]   Yamada, T., "Legal and Ethical Considerations of Third-Party Funding in Japan," Japan Law Review, vol. 41, no. 3, pp. 305-327, 2020. https://doi.org/10.2139/jlrr.41.3.305.
[25]   Zhang, L., "Recent Trends in Third-Party Funding Regulations in Europe," European Law Journal, vol. 27, no. 2, pp. 143-164, 2020. https://doi.org/10.1111/eulj.12345.
[26]   Ahmed, N., "The Impact of Third-Party Funding on International Commercial Litigation," International Journal of Law, vol. 15, no. 2, pp. 133-15

Article history_en

Received : Sep 25, 2025

Revised : Sep 28, 2025

Accepted : Nov 02, 2025

Authors Affiliations_en

OMAR SADDAM FADHIL

Ethics declarations_en

Acknowledgment	None
Author Contribution	All authors contributed equally to the main contributor to this paper. All authors read and approved the final paper.
Conflicts of Interest	“The authors declare no conflict of interest.”
Funding	“This research received no external funding”