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Burford Capital Announces 2025 Investor Day

By Harry Moran |

Burford Capital Limited ("Burford" or the "Company"), the leading global finance and asset management firm focused on law, today announces it will host an Investor Day on Thursday, April 3, 2025, in New York City, which will also be webcast live and available for replay. The presentation is scheduled to begin at 9.00am EDT.

Led by Burford's executive management team and other key leaders, the event will provide a comprehensive strategic update on Burford's business and will also serve as an immersive introduction for investors and analysts who are new to the Company.

About Burford Capital

Burford Capital is the leading global finance and asset management firm focused on law. Its businesses include litigation finance and risk management, asset recovery and a wide range of legal finance and advisory activities. Burford is publicly traded on the New York Stock Exchange (NYSE: BUR) and the London Stock Exchange (LSE: BUR), and it works with companies and law firms around the world from its offices in New York, London, Chicago, Washington, DC, Singapore, Dubai and Hong Kong.For more information, please visit www.burfordcapital.com.

Counsel Financial Unveils Revamped Website, Modern Branding and Expanded Product Offerings

By Harry Moran |

Counsel Financial, the nation's leading provider of financing solutions exclusively for plaintiff law firms, is proud to announce the launch of its newly redesigned website and updated branding. The refreshed branding underscores the company's commitment to providing accessible capital solutions to the plaintiffs' bar while highlighting its expanded scope of services offered to capital providers who invest in law firms focused on contingent-fee litigation.

The updated website, CounselFinancial.com, features a streamlined design, enhanced functionality, and includes new sections detailing the company's tech-enabled, end-to-end solutions for banks and investment funds. Visitors can now explore the site with ease, accessing detailed information on Counsel Financial's array of financing solutions, resources and success stories from law firms nationwide.

"Counsel Financial has always been a pioneer in the legal funding space and this rebrand reflects our evolution while staying true to our mission of empowering plaintiff firms to achieve financial stability and success," said Paul Cody, CEO. "The new website represents our commitment to growth, accessibility and continuing to be the trusted partner for law firms and capital providers."

Unmatched Servicing Expertise

A standout feature of Counsel Financial's offerings is its comprehensive servicing capabilities, designed to meet the complex needs of capital providers investing in law firm financing. With expertise in collateral monitoring and case valuation, Counsel Financial provides unparalleled servicing for portfolios secured by contingent fee interests. The company's proprietary systems and dedicated team ensure accurate case tracking, timely reporting, and proactive management of legal fee receivables. Partnering with Counsel Financial allows capital providers to tap into the company's 25 years of legal funding expertise, enabling them to maximize portfolio performance and mitigate risk effectively.

A Legacy of Innovation

Founded by attorneys for attorneys, Counsel Financial has provided over $1.5 billion in loans to plaintiff law firms since its inception. The company's industry expertise, combined with its commitment to client success, has positioned it as a trusted partner for firms looking to grow their practices and manage financial hurdles effectively.

Visit CounselFinancial.com to explore the new website, learn more about the expanded product offerings, and discover how Counsel Financial can help your firm achieve its goals.

About Counsel Financial

Counsel Financial is the premier litigation financing company in the U.S., founded by attorneys in 2000. We operate with the belief that opportunities should never be limited by resources. Counsel Financial is dedicated to helping law firms and capital providers succeed and grow together in the evolving world of contingency-fee litigation.

Fox Files Petition to Compel Discovery of Funder in Smartmatic Defamation Case

By Harry Moran |

When it comes to discovery requests over third-party funding in US lawsuits, we are accustomed to seeing these issues arise most commonly in intellectual property and patent litigation. However, a recent petition has shined the spotlight on a funded cases that is notable for its connections to the country’s political and media landscape.

An article in Bloomberg Law reveals that Fox Corp. has filed a petition in California Superior Court to compel discovery against the funder of the defamation case brought against Fox by Smartmatic USA Corp. Smartmatic’s claim for $2.7 billion in damages is being funded by Reid Hoffman, co-founder and executive chairman of LinkedIn, as disclosed by Hoffman himself in July of last year. Smartmatic’s case was first brought in February 2021, focusing on allegations that Fox defamed the voting technology company in its coverage of conspiracies about the 2020 US presidential election.

Fox’s petition was filed on January 29 following Hoffman objections to subpoenas, with counsel for Fox requesting that Hoffman and his aide Dmitri Mehlhorn be deposed, and handover documents relating to his funding of Smartmatic’s case and the validity of those claims. The central issue that Fox’s petition raises is the valuation of damages that Smartmatic is claiming, referencing comments in the media from Mehlhorn who suggested that without the alleged defamation, Smartmatic “could be a $400 million company.” 

Furthermore, Fox’s petition aims to support its anti-SLAPP counterclaim against Smartmatic, as the requested documents and testimony may provide evidence that the defamation lawsuit was ideologically motivated. Fox’s counsel stated that “if this lawsuit is motivated not by the facts but by some political agenda against Fox News or its perceived political views, that is evidence Fox must obtain in connection with its counterclaim.” 

Court of Appeal to Hear Arguments on Multiple-Based Funding Agreements

By Harry Moran |

As the Civil Justice Council (CJC) continues its review of third-party litigation funding, there has been much consternation over the resulting delay to any possible legislative solution to the Supreme Court’s PACCAR ruling. Litigation funders may now feel further vindicated over this delay, as the Court of Appeal has decided to intervene to list a hearing on one of the crucial issues for funding agreements in a post-PACCAR world.

Reporting by The Law Society Gazette covers a development at the Court of Appeal, where chancellor of the High Court Sir Julian Flaux and Lord Justice Green announced that the court would hear arguments on the use of the funding agreements that calculate returns based on a multiple of the funder’s investment. The decision came in a directions hearing where the justices lifted the stay on appeals from defendants in cases where the claimants are backed by third-party funders, with a plan for the Court of Appeal to hold a hearing in the summer. 

The chancellor explained that this decision to further evaluate the issue of the ‘multiple’ approach in funding agreements was a result of the new government’s move to delay legislative action on PACCAR, with no solution in sight until after the CJC review is completed later this year. Therefore, the court ruled that “there is not now a good reason” to stay the appeals, and a hearing would be convened between the end of May and the end of July to hear the defendants’ arguments. 

The appeals from defendants, over the use of these multiple-based funding agreements, come from a number of high-profile cases including:

  • Alex Neill v Sony Interactive Entertainment
  • Apple Inc. & Apple Distribution International Ltd v Kent
  • Commercial and Interregional Card Claims II Ltd v Visa Inc & ors
  • Commercial and Interregional Card Claims I Ltd v Mastercard
  • Gutmann v Apple Inc & ors

Nera Capital Kicks Off 2025 with Ambitious Recruitment Drive

By John Freund |

Leading litigation finance firm Nera Capital is bolstering its already flourishing team, with several senior hires. A new In-House General Counsel, Managing Director of Commercial Claims Division and Financial Controller are currently being recruited to bolster the management team with new experienced talent.

In addition, the firm has already acquired a new financial analyst and the firm’s audit team is also branching out, with new hires expected to join its Manchester and Dublin offices.  Nera’s success comes after a period of sustained growth in the litigation finance market.

Director of Nera Capital Aisling Byrne shared her thoughts on the expanding team: 

“At Nera Capital, we believe that strong leadership and diverse talent are the cornerstones of our success. We don’t just work together - we grow together. Nera Capital is a place where passion, strategy, and collaboration meet, creating an environment where every team member can thrive and make a meaningful impact. I’m very proud of what we’ve achieved so far. Our expansion isn’t just about numbers - it's about nurturing a vibrant culture of collaboration and innovation that empowers us to take major steps forward in the litigation finance space.”

The firm ended the year on an undoubtable high with the introduction of its Access to Justice Fund to assist those in need of legal assistance or financial support. 

In yet another successful funding deal, Nera also managed to procure a further $25 million to boost UK consumer protection claims and ensure increased access to justice for individuals seeking redress. The firm also recently announced the opening of its Dutch office in Amsterdam as it takes on more work in the Netherlands, adding to its locations in Dublin and Manchester. 

Aisling added: "With every fresh perspective we welcome, we are igniting a powerful movement in litigation finance - one driven by passion, purpose, and an unwavering dedication to ensuring that justice is within reach for all.

“Together, we will continue to push boundaries and redefine what's possible in litigation finance. But most importantly, we will continue to make a difference and increase access to justice for all.

She added: “I’d like to thank our amazing team and partners in the UK, US and across Europe for greatly contributing to our success. We look forward to what the future holds.” 

Key Takeaways from LFJs Virtual Town Hall: Spotlight on the Middle East

By John Freund |

On January 29th, LFJ hosted a virtual town hall titled "Spotlight on the Middle East." The event featured a panel of key stakeholders in the region, including Obaid Bin Mes'har (OBM), Dispute Resolution Specialist at WinJustice. Nick Rowles-Davies (NRD), Chief Executive Officer of Lexolent, Kishore Jaichandani (KJ), Managing Director of Caveat Capital, and Ahmed Hammadi (AH), Legal Director at DLA Piper. The event was moderated by Jonathon Davidson, dispute resolution lawyer and Founding Partner at Davidson & Co.

Below are key takeaways from the event:

Historically, there's been very large scale construction and engineering cases here. Do you find those predominantly to be the fundable cases, or are we looking at general commercial litigation and shareholder disputes? Is there more of an even spread?

AH: There are two comfort zones as we see them now. And the two comfort zones are generally banking and construction. The banking goes back a while, back to 2014 when you had the DIFC case of Saracen, which I think even prompted the DIC to seriously consider putting litigation funding into his practice directions in 2017. But I'd say those are the comfort zones for a few reasons. And the principal ones are their core industries and sectors, in this region and not just in the UAE. Even as it disputes, though, I think you might agree, Jonathan, that construction touches all of our lives in one way or another even if you try to avoid it.

Secondly, these industries have customary documents. Right? So with construction, you have FIDEC. Obviously, there are some employers that will have a little bit of a bespoke contract, but they are kind of coming out of the internationally accepted standards or norms. And similarly with banking, you have a lot of LMA documents. So you have concepts that are understood internationally, albeit you'll have some local flavor in your interpretation, application, interest, concurrent delay, how they deal with guarantees, and that sort.

In terms of budgets, what's your experience on whether funders have to adopt the same level of budgeting here as elsewhere in the world, or where there's a different approach? Are certain type of proceedings, maybe the onshore proceedings, are they leaner in terms of fees?

KJ: In terms of budgets, legal budgets in the Middle East are increasingly aligned with global markets now, especially after the ATGM and the ISC and, especially for the complex litigation arbitration. So that is still based on factors like jurisdiction, legal framework, market maturity. It depends where is the claim, like a Saudi, UAE, Qatar, Oman.

So onshore litigation in Middle East jurisdictions like Saudi, Oman, Qatar, they often have a lower cost in comparison to the western jurisdictions like the UK, US and Europe. This is due to this due to the simplified court process, lower attorney fees here, and fewer procedural stages. For example, we have seen a case which is having $5,000,000 claim size in Riyadh. And the budget for that case was $250,000 as legal fees. In contrast, you see similar cases in the US Federal Court System that could exceed $1,000,000.

How do the economics work from a funder's perspective? So we have cases here, funder's must have a minimum ticket to make the economics work. Does that change if you're in common law jurisdictions when you factor in cost that you might have to pay as as the defendant's cost if you lose as the claimant, vis a vis the civil proceedings where that that might not factor in?

NRD: The basic principles of funding don't change whether you're in the GCC or whether you're in Europe. So if you're in the local court, the exposure from most international funders in local court funding is in relation to enforcement of arbitral awards rather than funding disputes, because the budgets, as we've discussed, tend to be a bit lower, and there isn't a massive appetite for international funders to fund in local courts. And also, of course, they're in Arabic, which tends to limit the number of funders that can actually operate there. So, funders will be operating in the offshore jurisdictions, the IFC, ADGM, where there are cost shifting rules and there is adverse costs. Now one of the challenges with that is there aren't a lot of ATE or insurance carriers that can write ATE insurance in the DIFC or ADGM. So you have to use indemnities from a funder backed off maybe in London or by an insurer that's happy to ensure the funder in a different UK jurisdiction.

So it can be done, and it's something that we have to take account of. So it's there, and it's no different from any other cost shifting jurisdiction.

In the local civil jurisdictions, we call them the onshore courts in the UAE, has any progress been made in having those courts formally recognize funding? How would you fund a local case, and who who funds it? Is it international funders or is it local investors?

OBM: I would like to make a distinction here between the onshore court and offshore courts, on the ground that each court has its own rules and regulations. For onshore, they don't have to regulate third party, as of today. So they don't actually contain any provisions which prohibit the funding by third parties. I used to do it for the last 15 years, and the contract regulates the parties' relationship. So if you are funding in the local market in the onshore courts, the contract regulates the relationship.

So we didn't face any problems since there's no regulation on that issue. However, in offshore, yes. ATGM and DIFC, they have their own regulations, and they have certain conditions you have to disclose in the agreement. You have to disclose that you inform the second parties, the opponent parties. Otherwise, you might no execute that contract. So if a funding contract in the local Arabic courts was to be challenged, then our analysis is the court would uphold the terms of the contract.

To watch the full recording of the event, please click here.

Stephen Kyriacou Exits Aon

By John Freund |

Stephen Kyriacou, Managing Director and Senior Lawyer at Aon, is stepping down from his role effective immediately. Kyriacou has joined Willis Tower Watson as Head of Litigation and Contingent Risk Solutions.

In a LinkedIn post, Kyriacou thanks his colleagues and partners in the litigation and contingent risk insurance market, and notes the meteoric growth the sector has undergone during his five-and-a-half year tenure at Aon.

Kyriacou's exit comes on the heels of Aon's recent decision to halt all litigation funding transactions, a move that perhaps signals a broader reconsideration of the insurance sector's role within the legal funding sector. Aon's decision was no doubt influenced by several large losses sustained by the judgement preservation insurance (JPI) market, including the reversal of a $1.6 billion claim that left insurers on the hook for $500-$750 million.

In a successive LinkedIn post, Kyriacou notes his new role as Head of Litigation and Contingent Risk Solutions at Willis Tower Watson. Kyriacou states: "I am delighted to be joining the extremely talented WTW Private Equity and Transaction Solutions team, and am looking forward to getting to know my new colleagues and getting to work on new placements with all of the insurance carrier partners that I have built relationships with over the past five-and-a-half years."

Kyriacou also noted: "It has been a privilege and an honor to work with everyone on the Aon AMATS team, especially Stephen Davidson, who has been one of the best bosses and mentors I've ever had."

The Rise of Arbitral Awards as an Asset Class in Latin America

By Micaela Ossio and 2 others |

The following piece was contributed by Ana Carolina Salomao, Founder of Montgomery, Micaela Ossio, Solicitor in England & Wales and Peruvian Attorney, Jessica Pineda, Legal Director at Pogust Goodhead, and Diego Saco Hatchwell, Partner at GCS Abogados.

International commercial arbitration is today one of the most demanded mechanisms for resolving disputes in Latin America. The practice has been bolstered by sustained regional growth, ongoing market liberalization efforts, and the pursuit of a less time consuming and specialized route to address increasingly complex cross-border transactions. As of 2023, the region ranks second in terms of party origin and third in terms of the jurisdictions where ICC arbitrations were seated[1], evidencing the region's growing prominence in the global arbitration landscape. This push is building on the region’s growing appetite to attract new business opportunities by fostering safer and easier legal frameworks to do business.  

A key legal innovation in this regard has been the promotion of third party funding mechanisms.[2]  Two types of funding arrangements have particularly gained favor among investors: enforcement funding arrangements whereby investors provide non-recourse funding for the legal costs of the enforcement proceedings and realize returns only when the debt is collected, and award monetization arrangements where the funder advances capital to a claimant in exchange for a portion of the entitlement of the award[3].

In general, most major jurisdictions within the region contain express provisions that allow the assignment of economic rights arising from contracts or other legal sources and provisions that allow transferring rights that are subject to ongoing disputes, but not necessarily in the forms required by third party funding. As claimants (or their lawyers) seek to secure funding, they must thoroughly consider the jurisdictions where such arrangements are legally binding agreements[4]. As such, this article explores the financial case behind third party funding for litigation, particularly arbitral awards, as well as the market dynamics currently shaping the sector in Latin America. It also highlights the importance of designing adequate policy to promote the responsible growth of these practices in the region as well as gives insight to potential funders looking for attractive investment opportunities in a fast-evolving market.

The rise of litigation finance – why is it gaining momentum?

Even though the practice of litigation finance is not necessarily new – external funding of legal cases goes back at least a few decades – the understanding of legal claims as a financial asset class is still, in many ways, nascent. Currently, only around 50 dedicated funds exist globally, and in a 2019 survey, more than three quarters of respondent firms indicated they had significantly expanded their litigation finance practice and foresaw important growth moving forward.[5] Considering that the ICC docketed 890 cases in 2023, and far more civil claims of different nature flooded the worlds’ most mature litigation ecosystems (with close to 400,000 claims filed in the US alone), the industry has big room for growth and newcomer absorption.[6]

Despite a total industry value of USD13.5 billion as of 2023, investment in legal claims and legal futures is still largely concentrated in traditional litigation finance firms, particularly in the US, the UK and Australia.[7] Nonetheless, asset managers like BlackRock, PIMCO, KKAR and other alternative investment funds, notably credit funds, have recently entered the space, as a result of the asset class yielding an average return on investment of 20% over the last five years.[8] In fact, most litigation finance firms now target a hurdle rate of 15% to 35% and a holding period of two to three years (especially for commercial arbitration awards), placing returns at par or even above private equity companies.[9]

Despite this attractive return profile, a positive outcome on each individual investment largely depends on the merits of the funded claim, which creates uncertainty and concern for traditional institutional investors. Among other factors, insufficient precedents on certain matters hinders reliable predictions of returns and the asymmetry of information between the parties seeking funding and the capital providers still thwarts more skeptical investors to emphatically support this asset class. To close this gap, law firms and specialized litigation funders are working on investor-friendly frameworks to provide greater transparency relating to risks, expected returns and time to recover.

Investor concerns have also been heightened by recent regulation, particularly in Europe, a global hub for litigation finance. As shown by the recent frenzy caused by the Supreme Court decision in PACCAR[10] in the United Kingdom, or the Voss Report[11] in the European Union, regulation coming to the sector in up-and-coming regions such as Latin America seems to be inevitable. But despite these challenges, the outlook for market growth remains positive with large commercial arbitration cases currently dominating the market due to their significant value, international enforceability, and relatively swift proceedings.

The investment case for arbitral awards

In recent years, arbitral awards have emerged as a new and dynamic asset sub-class for investors in the litigation finance space. The main reason is that pursuant to the New York Convention[12], arbitration awards can be enforced within the jurisdictions of all signatory states and the process of enforcement tends to be easier and less politicized[13] than that of other asset classes, such as private or sovereign debt. In other words, arbitral awards can be fast-tracked on a global scale, ensuring the award’s commercial value. For example, the holders of defaulted Venezuelan/PDVSA notes have had little success in collecting their debt when compared to investor-state award holders, such as Crystallex,[14] Rusoro,[15] and ConocoPhillips,[16] who have been more successful in attaching Venezuelan assets abroad.  

Investors can also expect attractive interest rates. According to a 2020 study of ICC awards where PwC and Queen Mary University of London analyzed damages awards in international commercial arbitration,[17] the absolute rate of interest for 180 cases that were reviewed, ranged from 1% to 18% annually.  The study also noted that the rate of interest was frequently expressed as a mark-up over a benchmark such as LIBOR or by reference to a national legal interest rate. These interest rates can help to mitigate the economic downside in cases where the time to enforce the award takes longer than expected.  

Finally, since arbitration proceedings are generally private and confidential, arbitral awards tend to be of confidential nature unless the parties agree otherwise. This means that in cases of assignment of awards, the awards can remain in the name of the initial claimant allowing investors to operate away from the media spotlight. Similarly, it is often the case that investments in arbitral awards do not have to be reported and disclosure requirements tend to be limited.

All these characteristics have led to a burgeoning secondary market in which awards are sold by award-creditors at a discount, to buyers who take on the role of enforcing the full award. Considering the increasing number of awards coming on the market and with only a few funds tapping into it, it can currently be described as a buyers’ market. 

The market opportunity for Latin America

To become a regional hub in litigation finance, Latin America must stop addressing litigation merely as a “cost center” (i.e., a necessary but burdensome expense for those seeking justice). Contingent receivables arising from dispute resolution mechanisms shall be considered an asset class, one that can be monetized at various stages through mechanisms like litigation funding[18]. This mind shift needs to be rooted in the understanding that legal claims possess intrinsic value and can attract third-party investors who fund litigation in exchange for a share of the financial outcome if the case succeeds[19].

Brazil is spearheading this mindset shift and has been the first country to have arbitration chambers develop soft law regarding third-party funder involvement in arbitration procedures[20]. For example, Brazil’s precatórios offer private parties access to a well-established, constitutionally-recognized and liquid secondary market where they can assign their rights linked to a judicial or arbitral decision (a credit against a government entity) to investment funds. Colombia has also laid the groundwork for developing a secondary market for the transfer of judgments issued by courts in the context of the Armed Conflict. The Colombian state has established legal precedents that allow holders of these judgments to sell their rights in a secondary market, providing a liquidity solution for those seeking immediate capital.[21]

With the increasing recognition of arbitration as an effective dispute resolution mechanism across key economies such as Brazil, Mexico, Colombia and Peru, the region is poised for significant growth in third-party funding. As liquidity becomes an essential factor for enterprises, enforcement funding and monetizing of arbitral awards offers a way to unlock tied-up capital, allowing businesses to focus on growth while investors capitalize on the financial potential of their legal claims. It also enables smaller market players, such as SMEs and individual claimants, to finance complex claims against larger corporations or entities, expanding access to justice and promoting more equitable outcomes.

To this end, judicial systems in the Latin American region shall adopt pro-enforcement policies, like those seen in offshore jurisdictions like the Cayman Islands and Bermuda, as highlighted in recent case law involving arbitral enforcement[22]. While the New York Convention has been widely adopted across the region, the inconsistent application of arbitral award enforcement by local courts can still pose a challenge for claimants. Clear and consistent legal frameworks, aligned with international best practice, will help attract more investors into the sector. Examples of such practices include the use of freezing injunctions and receiverships, both of which are essential in securing assets and managing them until enforcement is completed, and the availability of Norwich Pharmacal orders or similar disclosure orders, already recognized in jurisdictions like the Cayman Islands and the British Virgin Islands, which allow claimants to obtain critical information about the debtor’s hidden assets or banking arrangements.

Building on the momentum

The momentum behind this market development in Latin America is growing, driven by a combination of factors including the asset class’s attractive return profile and an increased reliance on arbitration as a dispute resolution mechanism, particularly following the economic pressures created by the COVID pandemic. Furthermore, the increasing focus on environmental, social, and governance (ESG) factors in investment decisions is accelerating third-party funding in ESG-related arbitration cases, such as those involving environmental disputes or human rights violations. As judicial systems in emerging markets strive to expand access and provide a more equitable and fair administration of justice, transparency and simplicity in the arbitral award enforcement and monetization space might provide a very cost-effective and efficient way to achieve desired social and developmental results, all while promoting Latin America as a global investment hub.

This article was authored by Ana Carolina Salomao, Founder of Montgomery, Micaela Ossio, Solicitor in England & Wales and Peruvian Attorney, Jessica Pineda, Legal Director at Pogust Goodhead, and Diego Saco Hatchwell, Partner at GCS Abogados.


[1]           ICC Dispute Resolution 2023 Statistics

[2]           According to some experts in the field the two main factors that have brought this new market to the attention of institutional investors, have been the transfer of distressed debts from banks to private investment funds following the 2008 recession, and the search for higher yields in traditional financial markets. As banks recovered from the financial crisis and opportunities for distressed debt diminished, these private funds began to explore arbitration awards as alternative investments, recognizing their similarities to bank loans. While arbitration awards are often sold at a discount, sellers are not necessarily distressed; they simply find it commercially sensible to transfer the collection process. To know more about this topic, watch the 6ta. Edición de Open Arbitraje 2020 denominada “Mesa Allen & Overy: Acquisition of awards: Market trends and challenges.”

[3]           Although buying the entire award may be appealing to claimants in need of immediate cash, experts suggest that funders often prefer maintaining a relationship with the award holders or ensuring that the claimant remains involved in the process. Award holders typically possess valuable knowledge about the respondent, which can be beneficial for recovery efforts.

[4]           In some civil law jurisdictions, the concept of retrait litigieux can be an impediment to a monetization agreement.

[5] https://clp.law.harvard.edu/knowledge-hub/magazine/issues/litigation-finance/investing-in-legal-futures/

[6] https://www.supremecourt.gov/publicinfo/year-end/2023year-endreport.pdf

[7] https://www.google.com/search?q=black+rock+investment+in+litigation+finance&sca_esv=969c9be58d3ff7ea&rlz=1C5CHFA_enUS837US837&sxsrf=ADLYWILynJMXdzxuFUmHYgDQCWx3Veqb0g%3A1729807553471&ei=wcQaZ663HJ2dptQP48yI-Ac&ved=0ahUKEwjum4Smg6iJAxWdjokEHWMmAn8Q4dUDCBA&uact=5&oq=black+rock+investment+in+litigation+finance&gs_lp=Egxnd3Mtd2l6LXNlcnAiK2JsYWNrIHJvY2sgaW52ZXN0bWVudCBpbiBsaXRpZ2F0aW9uIGZpbmFuY2UyBxAhGKABGApIkBdQmARYtBZwAngAkAEBmAH7AqAB5haqAQc5LjguMy4xuAEDyAEA-AEBmAIUoALQE8ICCxAAGIAEGLADGKIEwgIEECEYFcICBRAhGJ8FwgIIEAAYgAQYogTCAgoQABiABBgKGMsBwgIIEAAYFhgKGB7CAgoQABgWGAoYHhgPwgIOEC4Y0QMYFhjHARgKGB7CAgYQABgWGB7CAgUQIRigAZgDAOIDBRIBMSBAiAYBkAYEkgcIMTEuNi4yLjGgB79e&sclient=gws-wiz-serp

[8] https://www.pm-research.com/highwire_display/entity_view/node/167885/content_tabs#:~:text=Litigation%20finance%20is%20a%20rapidly,correlation%20to%20other%20investment%20areas.

[9] https://www.deminor.com/en/litigation-funding/what-is-litigation-funding/

[10] The Supreme Court in PACCAR Ltd v. (1) W.A. Bailey (Properties) Ltd & (2) C. Robert Wright & Sons Ltd clarified that litigation funding agreements should be treated similarly to damages-based agreements, influencing the regulatory framework for litigation funding in the UK; however, this ruling is expected to be revisited with the introduction of the forthcoming Litigation Funding Bill, which aims to reverse this classification.

[11] Voss, H. (2020). Report on the financing of litigation and the role of litigation funding in the EU. European Parliament

[12] See https://www.newyorkconvention.org/text

[13] Born, G. B. (2014). International Commercial Arbitration. 2nd ed. Kluwer Law International. Pages 473-510

[14] See https://investmentpolicy.unctad.org/investment-dispute-settlement/cases/403/crystallex-v-venezuela

[15] See https://investmentpolicy.unctad.org/investment-dispute-settlement/cases/483/rusoro-mining-v-venezuela

[16] See https://investmentpolicy.unctad.org/investment-dispute-settlement/cases/245/conocophillips-v-venezuela

[17] See https://www.pwc.co.uk/forensic-services/assets/documents/trends-in-international-arbitration-damages-awards.pdf

[18] “How Litigation Finance Works” by Bloomberg Law. https://pro.bloomberglaw.com/insights/litigation/how-litigation-finance-works/

[19] The Justice Case for Litigation Funding by M. Todd Henderson

[20]         This is the case of the “Camera de Comercio Brasil – Canada” (CAMCCBC)

[21] According to the Colombian Commercial Code (Article 884), interest rates exceeding the legal limit are considered usurious and illegal. The usury rate is set quarterly by the Superintendencia Financiera de Colombia (Financial Superintendency of Colombia), which establishes the rate at 1.5 times the current banking interest rate, based on average rates charged by financial institutions.

[22]         Pro-enforcement policies in such countries have been pivotal in shaping favorable legal environments for arbitration awards enforcement. For instance, the Cayman Islands has demonstrated strong pro-enforcement tendencies through case law like Gol Linhas Aereas S.A. v MatlinPatterson Global Opportunities Partners (Cayman) II LP, where the court affirmed its commitment to enforcing arbitration awards in line with the New York Convention in 2022. Similarly, Bermuda has shown a similar approach, particularly in cases such as La Générale des Carrières et des Mines v F.G. Hemisphere Associates LLC (2012), which underscored Bermuda’s adherence to the New York Convention and support for arbitration proceedings.

CJC Extends Deadline for Submissions to Litigation Funding Review 

By Harry Moran |

Following the publication of the Civil Justice Council’s (CJC) Interim Report and Consultation for its review of the litigation funding sector in October 2024, there have been no new developments as funders eagerly await signs of action from the new government. 

An article in The Law Society Gazette covers the news that the Civil Justice Council has adjusted the consultation period for its review into third-party litigation funding, extending its deadline for submissions to 3 March. This schedule adjustment sees the deadline pushed back by over a month, with the original deadline having been set for 31 January. The decision to adjust the deadline does not appear to have been driven by any developments from the government or ongoing matters in the courts, with the Gazette reporting that the extension “will allow for greater engagement with stakeholders ahead of the submission deadline.”

The full list of consultation questions and cover sheet can be found here, with all submissions needing to be completed by 11:59 pm on 3 March. 

According to the CJC’s website, the deadline “the extension will not adversely affect the finalisation of the full report”. It has been previously stated that the publication of the full and final report will take place some time in the summer of this year, with this latest update offering no guidance on a more specific timeframe within that period.

The Interim Report published on 31 October 2024 can be found here.