Solução ou ilusão

: a relação entre a «impecuniosidade» superveniente e o third-party funding

Abstract

Supervening impecuniosity occurs when one of the parties, after concluding an arbitration agreement, faces financial difficulties that prevent it from paying for the constitution and functioning of the arbitral tribunal. This situation creates a conflict between two fundamental principles: on the one hand, the impecunious party's right to effective judicial protection; on the other hand, the counterparty's right to see the arbitration agreement enforced. Third-party funding is a possible solution, as it allows third parties to finance the costs of the arbitration process. However, this practice, although potentially beneficial, presents challenges, such as the selectivity of funders, the impact on the impartiality and independence of arbitrators or the asymmetry between claimants and defendants in access to funding. This dissertation analyses the relationship between impecuniosity and third-party funding, assessing whether it is a viable alternative to guarantee access to arbitration or whether, despite mitigating economic incapacity, it introduces new challenges that are difficult to resolve.

Date of Award	28 Oct 2025
Original language	Portuguese
Awarding Institution	Universidade Católica Portuguesa
Supervisor	Rui Manuel Pinto Duarte (Supervisor)