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Commercial Litigation Funding

Who uses Litigation Funding?

Some potential Claimants will choose not to litigate because they are unable to raise the finance to do so effectively. On the other hand, even the most solvent business entity may choose not to litigate because they are unwilling to accept the financial risks of doing so; the “good money after bad” principle. And why should they be other than reluctant?

The only true certainties about litigation is that costs will be high, impossible to predict and hard to manage, plus, in the many common law jurisdictions, those same terrible certainties will also apply to the other side’s costs which will have to be paid if the litigation is lost. Then there is the further certainty; that litigation outcomes are uncertain.

The wonder is not that all Claimants do not enforce their rights but that any of them actually choose to do so.

Calunius news and media

Round Table Discussion on Third Party Funding: Downsizing Expenses and Adding Value

Lisbon, 17 January 2018

Calunius' Mick Smith will be participating in a round table discussion at the AIPN's "International Energy Markets and Dispute Resolution Solutions". The event will bring together professionals from diverse backgrounds and will feature presentations on the Energy Charter Treaty and its impact on energy-related investments in Portugal and the new AIPN Model Dispute Resolution Agreement. Click on the headline to see the full programme.

Competition Law Conference

Stockholm, 8 February 2018

Calunius' Christian Stuerwald will participate in a panel discussion about 'Private Enforcement of Competition Law' at the event, topics to be discussed will include: Implementation of the EU Damages Directive in the region, Jurisdiction and forum shopping, Risks and opportunities for in-house lawyers and Funding options. Click on the headline to access the programme.

SIArb Commercial Arbitration Symposium 2017 & Launch of Third Party Funding Guidelines

Singapore, November 2017

The SIArb Commercial Arbitration Symposium, now into its eighth year, provides a distinctive and interactive forum for participants to discuss current issues and developments in the field of commercial arbitration. This year, one of the sessions provided an opportunity to discuss third party funding of disputes with representatives of five leading litigation and arbitration funders operating in Asia. Calunius partner Mark Wells participated in the panel discussion on 'Third-Party Funding of International Arbitration in Asia – Current Issues and Implications for Practice'. Click on the headline to access the full programme.

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