In Operafund Eco-Invest SICAV Plc and Schwab Holding AG v Kingdom of Spain [2025] EWHC 2874 (Comm), the English Commercial Court held that awards rendered under the Convention on the Settlement of Investment Disputes between States and Nationals of Other States (“ICSID Convention”) or the Energy Charter Treaty 1994 (“ECT”) are not assignable to third […]
UK Litigation Funding After PACCAR: The Court of Appeal’s Sony v. Neill Reset and the Legislative Waiting Game
On 4 July 2025, the UK Court of Appeal delivered what the litigation funding sector had been waiting for: a practical ruling on the enforceability of litigation funding agreements (“LFAs”).[1] In Sony Interactive Entertainment Europe Ltd & another v. Alex Neill Class Representative Ltd (and related appeals involving Visa, Mastercard and Apple) (“Sony v. Neill”), […]
Arbitration Crowdfunding
Arbitration has long been a preferred mechanism for resolving international commercial disputes. However, its cost often presents a barrier to access to justice. In response, crowdfunding has emerged as a potential solution, allowing claimants to raise funds through online platforms. This note explores the use of crowdfunding in arbitration, its ethical and practical challenges, and […]
The Drawbacks of Third-Party Funding for Arbitration
Third-party funding has obtained a significant role in international arbitration by providing financial support to parties who may not have the means to pursue or defend a claim otherwise.[1] It can be a godsend to claimants who might otherwise be unable to enforce their rights. While the advantages of third-party funding are frequently emphasized, it […]
UK Litigation Funding Agreements for International Arbitration Now Void?
Previously considered contrary to public policy[1], third-party funding today substantially facilitates access to justice. Many parties do not have the resources to pay for litigation or international arbitration, yet third-party funding has allowed numerous meritorious claims to succeed. Third-party funding is also often used in group litigation, where the pursuit of claims can be challenging […]