An atypical arbitration case linked to a long-standing dispute over a 19th-century land deal has drawn the government of Malaysia and two top independent European firms into a contentious legal battle with one of the world’s largest litigation funders. The case at present is adding fuel to the ongoing discussions centered around the regulation of third-party litigation funding within the European Union.
The aforementioned case finds its roots in a 2018 claim submitted by a group of Filipino citizens, purporting to be the descendants of the last Sultan of Sulu. Their claim seeks compensation they say they are due from Malaysia for their ancestors’ former landholdings in the oil-rich state of Sabah, an agreement made under a perpetual lease down in 1878. This group of claimants has garnered the financial backing of Therium, known to be one of the biggest litigation funders in the industry.
This complex arbitration case has seen its battle played out in Dutch, French and Spanish courts, with the Malaysian government and two leading European firms pitted against this substantial litigation funder and a UK barristers’ chambers.
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