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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

Swiss Legal tech Conference 2017

Zurich, 3 October 2017

Calunius partner Christian Stuerwald will present a workshop titled 'An investor’s perspective: litigation funding, claims aggregation and legal tech' at this event which will bring together a community of legal professionals and digital innovators in order to discuss and develop the legal industry of the future. The three day event begins with a Legal Tech Hackathon, where lawyers and software developers jointly identify problems and develop solutions. Accompanied by legal engineers, lawyers with technical expertise, ideas will be generated in an open format and teams created around shared interests. A parallel full-day workshop track on October 3rd provides in-depth lectures and individual discussions in focus groups.

ICCA-QMUL Task Force on Third-Party Funding - Discussion

Lisbon, 9 October 2017

The Lisbon University Faculty of Law is hosting the first public event dedicated to the presentation and discussion of the Report of the ICCA-Queen Mary Task Force on Third Party Funding in International Arbitration. Calunius partner Mick Smith will be participating in the panel discussion 'The Report and the Clients & Funder’s Perspective'. Click on the headline to access the event programme.

AIPN Event "Arbitration Strategy and Funding"

London, 18 October 2017

Calunius chairman Leslie Perrin will participate in a panel discussion on "Arbitration Strategy and Funding" hosted by the Association of International Petroleum Negotiators (AIPN). The last several years have witnessed a tremendous increase in the participation of third-party funders in both international commercial and investor-state arbitration. Now more than ever, claimants are seeking external funding, either because they lack the necessary funds to commence arbitration proceedings or because they want to sustain cash-flow and offset the risk of uncertain arbitration outcomes. The panel will discuss the hotly debated topics associated with third-party funding and provide an update on the latest funding products in the market.

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