Safe Haven for Investors in (and Through) the UK Post-Brexit?

Third-party litigation funding (TPF) is a rapidly expanding industry composed of speculative investors who finance legal claims in exchange for influence over case management and a contingency in the recovery.[1] The potentially high damage awards (recently averaging $500 million per dispute) characteristic of investor-state arbitration (ISDS) under the bilateral investment treaty (BIT) regime[2] have made it a new and highly attractive market for TPF.
On August 2, 2018, the International Centre for Settlement of Investment Disputes (ICSID) Secretariat released its "Proposals for Amendments of the ICSID Rules" (Proposals).[1]
On March 6, 2018, the Court of Justice of the European Union (CJEU) issued its judgment in Slovak Republic v. Achmea BV,[1] concluding that the Treaty on the Functioning of the European Union (TFEU)[2] precluded a provision in a bilateral investment treaty (BIT) between two member states of the Europe Union (EU) authorizing investor-state arbitration.