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If Funding Costs Deserve Recovery, So Do Adverse Costs Insurance Premiums

If Funding Costs Deserve Recovery, So Do Adverse Costs Insurance Premiums

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 ...
Patent Litigation Finance 2026: Investing in Overdrive

Patent Litigation Finance 2026: Investing in Overdrive

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 funding generally, ...
AI Disputes in 2026: The End of “Move Fast and Break Things” Five Jurisdictions, One Message – Prove You Moved Responsibly, or Pay the Consequences

AI Disputes in 2026: The End of “Move Fast and Break Things” Five Jurisdictions, One Message – Prove You Moved Responsibly, or Pay the Consequences

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 UAE, ...
Mass Torts and the Rise of Third-Party Litigation Funding in the United States

Mass Torts and the Rise of Third-Party Litigation Funding in the United States

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 ...
Recovering Third-Party Funding Fees in Investment Arbitration

Recovering Third-Party Funding Fees in Investment Arbitration

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 ...
The Price of Machine Learning: How a $1.5 Billion Settlement Redefines AI's Legal Landscape

The Price of Machine Learning: How a $1.5 Billion Settlement Redefines AI’s Legal Landscape

By Nick Rowles-Davies In August 2025, Anthropic did something unprecedented. The AI company agreed to pay $1.5 billion, with preliminary court approval following in September, to settle copyright claims from authors whose books trained its Claude chatbot. At roughly $3,000 per book for an estimated 500,000 works, the settlement represents the first major resolution in the escalating legal battle over whether AI companies can use copyrighted material freely for training ...
Silver Handed Skill: The New Litigation Finance

Silver Handed Skill: The New Litigation Finance

By Gabriel Olearnik Let’s start with an old Irish story – that of a high king wounded in battle. Nuada of the Tuatha Dé Danann loses his hand in war; and in a world where wholeness meant sovereignty, the wound was not merely personal. The ruler had to be pristine, so this loss meant he could no longer rule. The solution is strange, surgical, and mythic: a silver hand is ...
The Tokenisation of Litigation Finance: Opening Access to a High-Return Alternative Asset Class

The Tokenisation of Litigation Finance: Opening Access to a High-Return Alternative Asset Class

By Nick Rowles-Davies How blockchain technology is democratising one of the most lucrative, and exclusive, corners of the investment world. A Market Poised for Transformation The intersection of blockchain technology and alternative investments continues to expand into previously inaccessible corners of finance. Among the most promising frontiers is litigation finance, a multi-billion dollar asset class that has historically been the exclusive preserve of hedge funds, institutional investors, and the ultra-wealthy ...
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