By Gabriel Olearnik One of the recurring mistakes in litigation funding is to treat a case as though it were a static asset: a set of pleadings, a budget, a law firm, and an expected return. That is far too passive. In my view, the best litigation funding is active. It is not merely the provision of capital against legal risk. It is a strategic exercise in advancing a claim, ...

By Nick Rowles-Davies Following his high-profile move from Clyde & Co together with fellow partners Milena Szuniewicz and Ian Hopkinson, Ben Knowles sat down with Legal Finance Expert editor Nick Rowles-Davies to discuss international arbitration, the structural pressures reshaping large law firms, and the shifting landscape of litigation funding. Ben, you were at Clyde & Co for most of your career, most recently chairing the disputes group. For people who ...

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By Timothy Skennion The global litigation funding market, valued at approximately $18-20 billion in 2025 and projected to approach $70 billion annually by 2037, is increasingly looking to Latin America for its next wave of opportunity. Brazil – the region's largest economy and home to over 80 million pending court cases – is emerging as a compelling destination for legal-based asset investors seeking uncorrelated returns in an underserved market. And ...

By Rocco Pirozzolo A recent article in this publication by Dr Can Eken and Peilin Chen examined whether the costs of third party funding should be recoverable in investment arbitration. Their analysis highlighted a tension that can no longer be ignored: as third party funding becomes embedded in dispute resolution, the question of who bears its cost demands a clear answer. The authors argued that recovery may be justified in ...

By Jonathan Stroud Recently, I asked a few funders whether, given rising patent verdicts, the new PTAB winter, lower interest rates, and growing patent volume, they saw any macro trend – really anything at all – suggesting they should pull back from investing in patent litigation or counselling prudence. They thought about it, searched themselves, and answered, simply: “nope.” There are, of course, real headwinds and perceived risks in litigation ...

By Patrick Rode This article follows the 23rd WLF Litigation Summit panel on “Artificial Intelligence Disputes: Liability, Regulation & Ethics in Litigation” | Dubai, January 20, 2026 The question is no longer whether artificial intelligence will generate litigation – it’s whether companies can prove they deployed AI responsibly when disputes inevitably arise. This was the central theme that emerged from a wide-ranging discussion with legal practitioners representing Brazil, Turkey, the ...

By Nick Rowles-Davies Introduction In the modern American legal landscape, the growth of mass tort litigation and third-party litigation finance (TPLF) has converged to reshape the pursuit of civil justice. Once considered a niche mechanism, TPLF has emerged as a multi-billion dollar industry and nowhere is its influence more pronounced, or more contentious, than in the arena of U.S. mass torts. This article reviews some recent scholarly analyses, including ...

By Dr Can Eken and Peilin Chen Investment arbitration is expensive, and third-party funding now forms part of ISDS practice. Funding, however, comes at a price. When a funded claimant succeeds, it will usually owe its funder a success-based funding fee, which can be substantial. In commercial arbitration, tribunals have already permitted such fees to be recovered from the losing party, most notably in Essar v Norscot and Tenke v ...

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