What has the introduction of the WAMCA brought us so far?

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Damages Based Agreements and Defendants: Retaining is not Obtaining

David Walker of Deminor reports on a recent case of the England and Wales Court of Appeal ruling that defendants who do not have a counterclaim cannot utilise damages based agreements, but notes that other options may be available to defendants, including litigation funding, conditional fee arrangements and other financial structures.

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The new ICSID rules came into force on 1 July 2022. What do these mean for funders?

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.

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