Malaysian Government Minister Meets with EU Officials to Discuss Litigation Funding Regulations - Litigation Finance Journal

[Gunnar Larson]

https://litigationfinancejournal.com/malaysian-government-minister-meets-with-eu-officials-to-discuss-litigation-funding-regulations/


The dispute between the Malaysian government and the Sulu heirs has been
one of the most high profile international arbitration cases in recent
times, raising issues around state sovereignty and the role of third-party
funders in international arbitration. Whilst Malaysia has already managed
to achieve some success towards overturning the unfavourable arbitration
rulings, the government is now increasing its vocal support for reforms
around the international regulation of litigation funding.


An article in MalayMail highlights new comments from Datuk Seri Azalina
Othman Said, the Malaysian government minister for law and institutional
reform, who stated that she had participated in several bilateral meetings
with European Union (EU) officials to discuss its own efforts towards
regulating third-party litigation funding. These meetings reportedly
included representatives from the European Commission, European Parliament
and European External Action Service.

Azalina stated that “there is a pressing need for concerted global action
to combat the misuse of third-party litigation funding solely for
profit-seeking purposes, which subverts the pursuit of justice.” With the
arbitrations and disputes in the Sulu case taking place across several EU
jurisdictions, she highlighted that the issues which have affected Malaysia
are also of concern to “EU member states that are not spared from such
detrimental effects.”

Azalina also expressed her desire for these discussions to continue with a
wider and more international scope, including forums with policymakers from
the United States and ASEAN. She stated that it was the Malaysian
government’s position that there should be “a robust debate on regulating
third-party litigation funding vis-a-vis the need for greater transparency,
accountability and ethical professionalism among the funders.”
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