Topic: Third-party funding

An ICSID tribunal has ordered Tanzania to pay nearly US$110 million to an Australian nickel miner over legislation that revoked its project licence.

18 July 2023

Burford Capital has withdrawn an LCIA arbitration that it used to prevent a US food distributor from settling a pair of antitrust lawsuits after the funder agreed a deal to take control of the litigation.

29 June 2023

Nigeria has adopted a new arbitration law including reforms on interim measures, mandatory stays and third-party funding. Timi Balogun, Letizia Ceccarelli, Hoda Ghassabian and Lorenzo Poggi of Squire Patton Boggs consider the changes and argue the new law will enhance the country’s position as an arbitral hub.

23 June 2023

The High Court of Delhi has ruled that third-party funders should not be liable to pay adverse awards where they are not party to the arbitration agreement or arbitral proceedings, saying “third-party funding is essential to ensure access to justice”.

30 May 2023

A judge in London has refused to allow two law firms to summarily enforce conditional fee agreements against the estate of a deceased businessman they represented in an investment treaty arbitration – finding it was realistically arguable that the retainers didn’t comply with applicable legislation.

24 April 2023

A panel at the IBA Arbitration Day in Lisbon examined the role of the third-party funder in investment arbitration, including the risk of interference in the conduct of a case, disclosure of funding agreements and adverse costs orders.

14 April 2023

A US court has found Argentina liable in a Burford Capital-funded litigation arising from the nationalisation of oil and gas operator YPF more than a decade ago – with a multibillion-dollar damages claim still to be determined.

03 April 2023

A client of Burford Capital has accused the funder of using an LCIA arbitration to block it from settling several antitrust lawsuits, as well as improperly trying to influence its litigation counsel, Boies Schiller Flexner.

10 March 2023

A UK mining company says it has secured US$10.5 million in third-party funding for a potential investment treaty claim against India over a prospecting licence for a gold project.

02 March 2023

A Swedish-Iranian national who brought a funded ICSID claim against the United Arab Emirates over its refusal to renew his residency permit has dropped his case after the state contested the authenticity of some of his evidence.

01 December 2022