Emilie Jones and Johanna Weißbach of Pinsent Masons comment on the mixed response to the EU’s plans to regulate third-party litigation funders, questioning whether the introduction of such robust, mandatory regulations will drive an increase in, or ultimately dampen, the funding market.

Tom Cottrell of Pinsent Masons reviews a recent judgment from the English and Welsh Court of Appeal that acts as a reminder for law firms that any innovative funding arrangements must comply with statutory rules or risk being declared void. 

Clea Bigelow-Nuttall of Pinsent Masons reviews the set of amendments the Administrative Counsel of the International Centre for the Settlement of Investment Disputes (ICSID) has approved to its rules for resolving investor-state disputes after a six-year consultation period. She notes that while some updates to the ICSID Rules are wholly welcomed — addressing increased transparency, improving the efficiency of the arbitral process and codifying the use of third party funding — others, such as the new obligation to disclose the name and address of any third party funding, may risk fettering access to justice.