Commercial litigation and arbitration
We invest in commercial litigation and arbitration cases seated in a New York Convention state where:
Areas of focus
Shareholder and partnership disputes
Intellectual property disputes
Real estate disputes
Insolvency and restructuring
Competition and follow-on damages
Case evaluation and selection
Due diligence and funding process
We conduct our due diligence in-house. This provides us with a better understanding of the case, the legal team and the claimant, and enables us to make investment decisions quickly and efficiently.
We instruct external experts as necessary and work closely with them to test merits and value of the claim.
Our due diligence and funding process involves the following five steps:
We discuss the case with the client or lawyer.
We review key documents and the case budget. If we cannot invest, we will tell you quickly. If the case meets our criteria, we will present it to the Investment Committee.
Subject to the Investment Committee, we will issue a conditional funding term sheet.
Full due diligence
We conduct thorough due diligence and if the case still meets our criteria, we make a second presentation to the Investment Committee to confirm our offer to fund.
We pay the legal costs on a monthly basis and provide our expertise and support if requested.
Terms and pricing
We provide finance on terms which best fit the objectives of the client and its legal team.
Our finance is usually provided on a non-recourse basis, meaning that we only earn a return if a claim is resolved successfully. Our return, which is generally calculated as a proportion of any proceeds ultimately recovered, reflects the risk-profile and likely duration of the claim.
We monitor all of our claim investments by speaking regularly with our clients and their legal teams.
We offer our expertise and experience on case issues where we can assist and when invited to do so by the claimant and legal team. However, we do not interfere with the conduct of the case or make decisions about whether to settle the claim.