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
Frankfurt, 17 March 2017
The DAJV Working Group Day discussed inter alia New Approaches to Attorney Remuneration and Financing in International Litigation/Arbitration on both sides of the Atlantic in times of Digitalization. Calunius partner Christian Stuerwald joined senior practitioners in a panel discussion about this topic. Click on the headline to access the full programme.
An arbitral tribunal in the case of Stans Energy v Kyrgyz Republic has issued an award favourable to the claimant on a number of jurisdictional objections that had been raised by the respondent state in the underlying UNCITRAL proceedings. A press release of the company can be accessed by clicking on the headline.
Calunius announces the closing of the Calunius Litigation Risk Fund 3 LP at a total of £100 million of capital. Calunius now advises funds totalling more than £200 million investing in large scale commercial litigation and arbitration assets.
Calunius is also delighted to announce the recruitment of Christiane Deniger as Senior Case Assessor. Christiane was most recently a senior associate at a well known international law firm. Click on the headline to access the full press release.
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