Insights

Washington – June 10, 2025: Crowell & Moring partners Paul Haskel and Paul Muscutt, senior counsel Scott Lessne, and counsel John Laird authored a chapter entitled “An Overview of Litigation Funding” for the International Comparative Legal Guide – Lending & Secured Finance 2025 edition.

Washington – July 20, 2021: Crowell & Moring’s International Dispute Resolution Group has been included in the 14th edition of Global Arbitration Review's GAR 100, a guide to the top 100 law firms with international arbitration capabilities. GAR is one of the leading journals of public and private arbitration.

London – September 9, 2020: Crowell & Moring was shortlisted as a finalist in the International Arbitration Team of the Year category at the Legal Business Awards 2020, celebrating the best in the legal profession.

In a previous client alert on a recent Civil Justice Council (“CJC”) report on litigation funding in England and Wales we discussed the issue of whether payment waterfalls providing funders with payment priority are compliant with the Damages-Based Agreements Regulations 2013 (“DBA Regulations”), the issue being a matter to be heard on appeal in June 2025. Funders will be pleased to hear that the answer is “yes”. The Court of Appeal has held that the DBA Regulations focuses on whether a funding agreement determines the amount of a funder’s fees by reference to the damages awarded to the successful litigant. The fact that a funder may receive its fees from the proceeds is not enough in itself for the arrangement to fall under the DBA Regulations.

On 2 June 2025 the Civil Justice Council (a UK public body that advises on civil justice and civil procedure) (“CJC”) issued its Review of Litigation Funding Final Report (the “Report”). The CJC has provided comprehensive recommendations on the regulation and reform of litigation funding in England and Wales. The highlight recommendation of the Report is for the UK Government to remove third party litigation funding from the regulations and requirements of the Damages-Based Agreements Regulations 2013 (“DBA Regulations”), reversing the judgment of the Supreme Court in PACCAR.[1] Meanwhile, the UK Court of Appeal has recently endorsed a position that the Competition Appeal Tribunal (“CAT”) may order that third party funders of collective proceedings be paid first from litigation proceeds before claimants according to waterfall provisions in their funding agreements.

On 18 September 2024, the UK Supreme Court handed down its judgment in UniCredit Bank GmbH v RusChemAlliance LLC [2024] UKSC 30.  The judgment considers several significant issues relevant to international arbitration.  Primarily, though, it reaffirms: (i) the English court’s strong support for arbitration, in general; (ii) the steps it is prepared to take to hold parties to their agreement to arbitrate; and (iii) the current position for determining the governing law of an arbitration agreement, in the absence of an express election by the parties.