Olivia de Patoul and David Walker of Deminor welcome the ICSID rules that came into force on 1 July 2022 but voice their concern with the power granted to an ICSID tribunal to request additional information on the content of any funding agreement once the notice of funding has been filed, arguing that, among other reasons, if the tribunal is aware of the funding conditions agreed to by the funded party, or the funded party’s settlement thresholds, it could affect the tribunal’s view of the case or even its impartiality.
Deminor is backing a new group action claim in Italy filed against the “Corrugated Cardboard Cartel.” The civil action follows the Italian Competition Authority’s decision – also confirmed by the Lazio Regional Administrative Court – which ascertained the existence of two collusive agreements between the main operators in the sector aimed at inflating sales prices for corrugated cardboard sheets and packaging for a period of more than 10 years. Italian law firm BonelliErede will be leading the multidisciplinary legal team, which will include professionals from the firm’s Competition Litigation Task Force with extensive experience in antitrust damages actions. This is the second Italian collective claim launched against the Corrugated Cardboard Cartel — Bench Walk Advisors is also backing a claim initiated in late 2021, with bookbuilding and damage assessments for that case being delivered by Libra and legal and litigation services being delivered by Delex.
Deminor, Nivalion AG, and Omni Bridgeway have come together to launch the European Litigation Funders Association. With a focus on the EU, ELFA’s objective is to represent the industry before EU clients, governmental bodies, international organizations, and professional associations, and to set good standards of practice to be promoted throughout the industry.