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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

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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