A critical procedural milestone has been set in the high-profile dispute over the $15 billion arbitral award claimed by the heirs of the defunct Sulu sultanate against Malaysia. A Paris court has scheduled a hearing for December 9, where it will decide whether to annul the partial award issued by a Spanish arbitrator—a decision with potentially far-reaching implications for the legitimacy of third-party funded arbitration in sovereign disputes.

As reported by The Malaysian Reserve, the case stems from a 2022 ruling which found Malaysia liable for ceasing annual payments related to a 19th-century lease of territory now part of Sabah. The award has been described as one of the largest in arbitration history and is backed by Therium, a UK-based litigation funder. Malaysia has consistently challenged the legitimacy of the proceedings, resulting in conflicting decisions in courts across Spain, France, and Luxembourg.

The upcoming Paris ruling will not address the full $15 billion award but rather the validity of the partial award that formed the foundation for the final judgment. Malaysia’s legal representatives argue that the arbitration itself is void, citing breaches in due process and the arbitrator's alleged overreach.

The Sulu case has become a lightning rod in debates over state immunity, the enforceability of investor-state arbitration, and the role of third-party funders in politically sensitive disputes. As funders continue to back complex claims against sovereign states, the Paris court’s decision may set a significant precedent for the enforceability—and reversibility—of arbitral awards financed by external capital.

Omni Bridgeway is pushing the boundaries of legal finance with a newly detailed strategy to monetise complex non-performing loan (NPL) portfolios—particularly those stuck in regulatory limbo under IFRS 9. The funder’s latest blog outlines a first-of-its-kind securitisation in Morocco where Omni both bought a bank’s Stage-3 loans and assumed recovery management, creating what it calls a “regulatory-compliant exit” for lenders weighed down by lifetime expected-credit-loss charges.

An article on Omni Bridgeway's website explains that the initiative forms part of the firm’s Distressed Asset Recovery Program, led by Marijn Flinterman. Key features include contingent pricing so banks keep upside, co-investment structures, and cross-border enforcement to chase obligors’ assets. The piece highlights how the model can dovetail with EU prudential back-stops, the UAE’s five-year default rules, and nascent African secondary-debt markets, positioning Omni as both capital provider and workout specialist.

For legal funders, the pivot shows a maturing asset class moving beyond one-off claims into portfolio-level credit solutions that compete with private-equity special-situations desks. If successful, other funders may replicate the strategy, blurring lines between litigation finance, debt-trading and structured credit.

The four-year fight over New Zealand banks’ historic credit-law breaches has taken another twist, with plaintiffs proposing a NZ $306-309 million (US $184m) settlement that ANZ and ASB immediately branded a “stunt.” The offer comes as Wellington lawmakers fast-track amendments to the Credit Contracts and Consumer Finance Act that could retroactively blunt liability for disclosure failures dating back to 2015.

An article in 1News notes that the 150,000-member class is jointly funded by Australia-based CASL and home-grown LPF Group, both entitled to a slice of any recovery. The banks fired back before Parliament’s Finance & Expenditure Committee, warning that the “windfall-driven” funders are exploiting regulatory loopholes while overstating consumer harm. Funders argue the legislative patch would hand banks a “free pass”—and jeopardise redress for borrowers already overcharged NZ $43 million in interest and fees. Officials estimate that failure to close the loophole could expose the industry to NZ $13 billion in follow-on claims.

Whether the proposed deal survives, the episode underscores two global trends: funders stepping into consumer-finance class actions once considered uneconomical, and defendants leveraging political capital to contain funded litigation. For the industry, Wellington is a bell-weather: if lawmakers either eviscerate or enshrine funded collective actions, other small markets may follow.

An opt-out competition settlement in the UK has hit an unusual snag: what to do with almost £10M in unclaimed passenger damages?

An article in Legal Futures recounts that the Competition Appeal Tribunal has invited submissions from claimant firm Charles Lyndon, litigation funder Woodsford, ATE insurers and the Access to Justice Foundation after fewer than one percent of eligible rail travellers filed claims against Stagecoach South West Trains. The 2024 deal ring-fenced £4.75M for costs up-front and allowed the class representative, consumer campaigner Justin Gutmann, to ask the Tribunal to re-allocate any leftover pot.

With the September entitlement hearing looming, Charles Lyndon is urging a £5–6M donation to the justice charity, while Woodsford argues its non-recourse investment entitles it to more of the residue. The CAT signaled it will weigh whether the outcome “predominantly” benefits stakeholders rather than class members—a pointed reminder that third-party funding returns remain subject to public-interest scrutiny even post-settlement.

Although smaller in dollar terms than the mammoth interchange-fee litigation, the dispute underscores funders’ growing role in allocation fights once the merits are resolved. How the CAT balances cost recovery and funder profit could set an influential template for other UK collective actions—especially as new rules and the PACCAR fallout push funders toward multiple-based fee structures with capped upside.

Litigation financiers have narrowly sidestepped what many saw as an existential threat: a 40 percent federal tax on funding profits that had been quietly tucked into the Senate’s sprawling reconciliation bill. While the proposal’s defeat means the industry will remain in tact, the close call has exposed deep fissures in an industry still fighting for political legitimacy.

An article in Bloomberg recounts how the International Legal Finance Association (ILFA) scrambled a last-minute “war room,” tapping GOP fixer Pete Kirkham and leaning on senators Ron Wyden and Mike Lee to invoke the Byrd Rule and strip the revenue provision before a floor vote. The measure, authored by Sen. Thom Tillis, would have taxed funders at the top individual rate (37%) plus an additional 3.8%, barred loss-netting and lifted shields for tax-exempt investors—changes projected to raise $3.5 billion over a decade.

ILFA’s rapid mobilization underscored the piecemeal nature of the sector’s advocacy. Omni Bridgeway portfolio manager Gian Kull lamented that funders “are not one unified entity, like private equity,” while Parker Poe partner Michael Kelley called the bill “a rifle shot right to the heart.” Yet not every member chipped in for the fight, reviving free-rider complaints in an a highly fragmented industry. Meanwhile, opponents led by the U.S. Chamber of Commerce—and vocal corporates Johnson & Johnson, Exxon Mobil and Liberty Mutual—signaled they will pivot to state legislatures and renewed transparency drives.

Writing on LinkedIn, Peter Petyt, founder of 4 Rivers Legal underscored the urgency of the current moment: "This moment calls for more than celebration — it demands leadership. The industry must come together to educate, advocate, and engage with lawmakers and the public in a constructive way."

For funders, the episode is a stark reminder that large corporations are gunning for this industry's very existence. Expect beefed-up lobbying budgets, accelerated ILFA recruitment and louder messaging on consumer access to justice as the industry braces for the next volley in what is fast becoming a multi-front policy war on third-party capital.

A Manhattan federal judge has handed Argentina a three-day reprieve in the long-running Petersen / Eton Park saga, pausing enforcement of a $16.1 billion judgment that would force the hand-over of the country’s 51 percent stake in YPF.

Reuters notes that Judge Loretta Preska pushed the turnover deadline to July 17 so Buenos Aires can seek emergency relief from the Second Circuit, while chastising the sovereign for what she called “continued delay and circumvention.” The minority shareholders—represented by Burford Capital—stand to capture as much as 73 percent of the proceeds if Argentina ultimately pays, a prospect the Milei administration says could destabilize an economy already battling 200 percent inflation and dwindling reserves.

Preska’s order reinforces New York courts’ willingness to deploy drastic remedies against recalcitrant sovereigns, signalling that litigation financiers can indeed convert paper judgments into hard assets—even politically sensitive ones like a controlling stake in a national oil champion.

For the wider industry, the decision spotlights the enforcement stage as a fertile (and risky) arena for capital deployment. Success here could spur more sovereign-related funding, but also sharpen calls for transparency around funder returns when public assets are at stake.

Fieldfisher has recruited litigation-funding specialist Verity Jackson-Grant to the newly created post of Head of Commercial Pricing, underscoring the firm’s intent to capitalize on sophisticated fee and finance structures in the wake of last year’s PACCAR fallout. Jackson-Grant, best known for translating third-party capital into user-friendly products for corporate clients, will sit within the firm’s European finance team and manage a multi-office pricing unit.

An update on LinkedIn confirms her appointment, noting that she will “drive and shape” Fieldfisher’s pricing strategy across the continent. The role’s blueprint calls for rolling out “creative pricing models” that enhance client profitability and embed alternative fee arrangements into disputes workflows.

Jackson-Grant brings a rare blend of funding fluency and law-firm know-how. A former director at TheJudge, she brokered litigation-finance and ATE insurance packages before moving in-house to develop alternative pricing frameworks for major UK and US practices.

The insurance industry’s long-simmering feud with third-party litigation finance boiled over on Monday.

In an article originally posted in the Wall Street Journal and covered in Insurance Business America, Chubb CEO Evan Greenberg and Marsh McLennan counterpart John Doyle deliver a joint broadside against what they dub the “litigation investment industry.” The duo argue that multi-billion-dollar capital inflows from hedge funds and foreign investors are fueling a 52% year-on-year jump in “nuclear verdicts,” pushing the average blockbuster award to US $51 million.

The duo's ire is heightened by Congress’ failure to preserve a 40.8% surtax on funder income that was stripped from President Trump’s “One Big Beautiful Bill” during reconciliation. Without tax parity, they warn, funders can pay 0 % capital-gains rates while plaintiffs shoulder income-tax burdens of up to 37%.

The executives cite data showing 135 verdicts above US $10 million in 2024 and estimate tort costs at US $529 billion—figures they link directly to opaque funding arrangements. Chubb, they reveal, is reviewing counterparties to sever any ties with litigation financiers, while Marsh has already refused to place insurance that facilitates funding.

Funders are already responding to the pair's remarks. William Marra, Director at Certum Group, wrote on LinkedIn: "Funders and their allies need to prepare for the policy debates ahead, because misguided proposals to kill funding may continue." Marra then highlighted proactive education, rapid response, success stories and coalition building as four strategies that funders should consider moving forward.