The exercise of examining third party funding (TPF) in arbitration is akin to navigating in murky waters. Arbitration practitioners know of its existence, but the extent of its application in arbitration cases is shrouded by the private and confidential nature of arbitration proceedings.

Only in those cases where proceedings for enforcement of awards are instituted before the courts of competent jurisdiction or where awards are challenged - a practice severely limited by arbitration laws and rules and the courts' increasing reluctance to interfere in them except in extremis - do we become aware of the use of TPF and only where TPF is in issue.