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Canada Modernizes its Model Bilateral Investment Treaty

We take a deep dive into Canada’s amendments to its Foreign Investment Promotion and Protection Agreement Model ("model FIPA"). For foreign investors or parties bringing claims under new investment treaties, we discuss the key procedural and substantive changes.

The love-hate relationship with audit negligence

With the Supreme Court recently handing down its decision in Manchester Building Society v Grant Thornton LLP and Khan v Meadows, Omni Bridgeway’s Jeremy Marshall highlights the challenges associated with litigation funding cases relating to audit negligence.

Third-party funding in the MENA region

The international market for third-party funding is growing rapidly, driven by the increased use, cost, and complexity of international arbitration, together with increasing demands on arbitration parties and practitioners to manage the associated costs and risks and is gradually becoming more accepted in the Middle East and North Africa (MENA) region.

Explosion? What explosion? The truth about class actions

So much for the so-called ‘explosion’ in shareholder class actions backed by unscrupulous litigation funders. This claim, used liberally by sections of corporate Australia and their US big business allies to justify self-serving attacks on the litigation funding industry, was always based on dubious accounting. But now we have incontestable evidence that the ‘explosion’ is nothing more than a myth.

Dispute funding in the U.K. and Singapore: A comparative review and looking ahead

Common law jurisdictions where third-party funding is in its nascent stage, such as Singapore, can look to jurisdictions with a more established third-party funding infrastructure, such as the U.K., to develop and refine its own regime. We engage in a comparative review of the development of litigation finance in the UK and Singapore and look ahead at how funding may continue to evolve there.

Hong Kong Law Reform Commission consultation on ‘outcome related fee structures’ for lawyers in arbitration – Omni Bridgeway submission

At present, Hong Kong lawyers are not permitted to charge legal fees based on the outcome of any proceedings. However, in some jurisdictions around the world, various forms of flexible financial solutions are permitted. As Hong Kong is a leading centre for arbitration and wishes to preserve and promote its competitiveness with other popular arbitral seats, the Law Reform Commission of Hong Kong (Commission) established a sub-committee to make recommendations regarding ‘Outcome Related Fee Structures’ (ORFS).

New Zealand Feltex case highlights importance of choosing a reliable litigation funder

The Supreme Court of New Zealand has dismissed an application for leave to appeal an “unless” order striking out the proceedings unless the claimants’ provided security for costs by a certain date. The case was a multi-party action brought on behalf of some 3,600 investors in the failed carpet-maker, Feltex Carpets Ltd (Feltex). Despite the case being funded, the security was never provided and the Supreme Court’s refusal to grant leave has effectively brought the case to an end.

Third-party funding and Shariah (Islamic) compliance

Third party funding (TPF) of disputes is now an established financial product in many jurisdictions around the world, including in Europe and the US. The use of TPF has also been growing in the Middle East, especially since the start of the Covid-19 pandemic, with interest coming both from funders entering the market, as well as from claimants wishing to use external finance for their disputes.

So, the defendant filed for bankruptcy … what’s next?

Plaintiffs that suddenly find themselves with an insolvent defendant face new obstacles and costs in continuing to litigate their claim. Omni Bridgeway's Amy Geise and Deidre Carey Brown of ForsheyProstok offer insight into how litigation finance can help.