In DTH v DTF [2026] SGHC(I) 5, the Singapore International Commercial Court (“SICC”) dismissed an application by successful arbitral claimants to set aside or remit the costs portion of a Singapore-seated arbitral award. The applicants had won the merits phase of the arbitration but failed before the arbitral majority to recover their third-party funding costs […]
London Commercial Court: ICSID Awards Are Not Assignable (Operafund v Spain)
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 […]