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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

Litigation Funding: Analysis and New Trends of Third Party Funding

Turin, July 2017

Calunius' Christian Stuerwald spoke at this event hosted by Associazione Professionisti d'Affari. The purpose of the conference was to explain the 'phenomenon' of litigation financing from both the legal and funder's perspective through the involvement of the various stakeholders: the arbitral institution, the investor, the funder, the broker, the arbitrator, the lawyer, the expert and the in-house counsel. Please click on the headline to access the full programme.

International Arbitration Club Lunch

London, 20 June 2017

Calunius' Mick Smith was a speaker at the Club Lunch Meeting; he addressed "Defining the indefinable - Industry Perspectives on Third Party Funding (TPF) in International Arbitration". There is lots of noise about third party funding in international arbitration circles, and somewhat less fact and knowledge. Mick demystified TPF and also provided his own perspectives on where the industry is today and where it is heading.

Advanced EU Competition Law conference

London, 16 May 2017

Calunius' Christian Stuerwald discussed a range of topics under the headline 'Private Enforcement: Different Parties, Different Objectives' with fellow practitioners from other stakeholders on the first day of the main conference. Monetization of cartel follow-on claims was a topic of particular interest. Please click on the headline to access the full programme and list of speakers.

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