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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

Hamburg International Arbitration Day

Hamburg, 20 March 2018

Calunius' Christian Stuerwald will be conducting a workshop and give a presentation at the Hamburg International Arbitration Day, which focuses among other things on Third-party Funding in International Arbitration. The topic of Christian's presentation will be 'Third Party Funding in Germany and Europe - Views from a Funder'. Click on the headline to access the programme.

Rusoro wins enforcement against Venezuela

March 2018

A US court has confirmed a US$1.3 billion ICSID additional facility award in favour of Canadian mining company Rusoro against Venezuela, rejecting arguments that the arbitrators exceeded their authority in calculating damages or that enforcement should be stayed pending a challenge to the award in France. In a judgment on 1 March, Judge Richard Leon in the US District Court for the District of Columbia confirmed the award, which Vancouver-based Rusoro obtained in 2016 in a claim under the Canada-Venezuela bilateral investment treaty financed by Calunius. An article on the decision is available on GAR, click on the headline to access it.

Competition Law Conference

Stockholm, 8 February 2018

Calunius' Christian Stuerwald participated in a panel discussion about 'Private Enforcement of Competition Law' at the event, among the topics discussed were: 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.


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