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Commercial Litigation Funding

David v Goliath

Up until now, most litigation funding opportunities have arisen in the huge litigation and arbitration markets serving the needs of small to medium sized claimant enterprises that have contractual and other disputes with much larger entities. Such claimants may be financially stressed or even technically insolvent, sometimes as a direct result of the behaviour of the defendant; others may simply feel themselves to be incapable of mustering the fire power of their better resourced opponents. All will seek the support of a well-resourced litigation funder to equalise the parties’ firepower.

Perhaps the best examples of this section of the market come from the world of in bilateral investment treaty arbitration where claimants are almost invariably “Davids” because “Goliath” (the respondent state) has expropriated their assets. The prospect of a fiercely fought and complex arbitration struggle over several years against a respondent state deploying effectively unlimited resources, surely stresses to extinction the risk appetite of even the most enthusiastic claimant. The same ought logically apply to the most complex commercial litigation. These are situations that cry out for Litigation Funding in contexts where Calunius Capital has particular expertise.

 

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Calunius news and media

International Arbitration Club Lunch

London, 20 June 2017

Calunius' Mick Smith will be a speaker at the Club Lunch Meeting; he will be addressing "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 will demystify TPF and also provide 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.

N+1 Singer’s Listed Law Conference

London, May 2017

Calunius' Mark Wells spoke at a conference described as 'London’s first ever investor gathering focused on the business of law in a listed context'. It brought together listed law-related companies and examined changing business models and investment opportunities. Click on the headline for a report on the event.

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