In a heavy blow to the litigation funding industry, the UK Supreme Court has held that many litigation funding agreements are damages-based agreements and must comply with the relevant regulatory regime. Funders will be...more
Recent developments in Nigeria, India and China highlight the relentless global rise of third-party funding ("TPF"). These developments emphasise how TPF is now an integral part of arbitration proceedings across the world. We...more
Prudent African investors—and investors within Africa—can ensure that their foreign investments are protected from wrongful conduct that the state and its organs can inflict.
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Nigeria's recently passed Arbitration and Mediation Bill seeks to bring the country's arbitral practices in line with global standards, reaffirming Nigeria's position as one of the leading centres for commercial arbitration...more
International arbitration remains the dispute resolution mechanism of choice for cross-border disputes. Although this is a global trend, recent years have seen a significant increase in the use of international arbitration to...more
The recent judgment in John Hall v Saunders Law Limited & Others considers the extent of the duties (if any) owed by solicitors conducting funded litigation to those funders, and emphasises the importance of careful drafting...more
On 25 February 2020, the Court of Appeal in Chapelgate Credit Opportunity Master Fund Ltd-v-Money & Others confirmed that the liability of a commercial funder of an unsuccessful action should not automatically be limited to...more
Davey v Money and others [2019] EWHC 997 confirms that litigation funders can no longer rely on the ‘Arkin cap', to limit their adverse costs exposure to the amount of funding they contributed. The decision continues the...more
The Energy Protocol of the Economic Community of West African States seeks to attract power-sector investment -
According to the OECD, "Investment treaties were developed to protect investors of one country when investing...more
3/25/2019
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