Tag Archives: third party funding
Delaware’s Chief Judge Issues Third-Party Funding Standing Order
A standing order has been issued by Delaware’s Chief Judge, the Honorable Colm F. Connolly, calling for all cases under his supervision that engage third party investment to submit specific agreement details to his bench within the next 45 days. Judge Connolly defines third party funding as any agreement that has been organized on a…
World Bank Group on Third Party Funding
The World Bank hosted member states of the International Center for Settlement of Investment Disputes (ICSID), which approved a landmark set of rules meant to guide dispute resolution between international investors and State parties. David Malpass, President of the World Bank Group and Chair of the ICSID Administrative Council, signaled an appetite for streamlined systems…
Tracking Third Party Funding Partnerships
Big Law litigation fees have a solid tradition of generating sticker shock for clients and spectators alike. To help mitigate such surprise, Fortune 100 firms have started to consider bundling litigation assets into portfolios with the hope of leveraging third party investment as a finance vehicle that generates profitable returns. Meanwhile, modern entrepreneurial strategy has begun…
Third Party Funding Can Impact Claim Cost
With the third party litigation finance industry growing exponentially, trends show that claim investment may be cause for concern. US-based investment into third party funding in 2020 was around $17B. The global third party marketplace is expected to reach $30B+ by 2028, and many critics say this growth will stoke social inflation and overall claim…
Third-Party Funding Utilized by Resolution Professionals in India
Insolvency is a growing problem for businesses, especially in light of the COVID pandemic. Recently, an indebted company in Faridabad, India, was able to raise enough interim funds to cover the operations budget, despite being in the midst of insolvency….
Video: Third Party Funding Enforcement
Olivia de Patoul, Senior Legal Counsel for the Asia-Pacific region at third-party funder Deminor, recently discussed enforcement issues with third party funders. …
Flaws in Credit Agreements and Their Impact on ATE Insurance
As the third party funding ecosystem matures, businesses’ organizational systems and processes are sure to evolve. A credit agreement has traditionally served as a loan vehicle to fund litigation. The loan earns interests while an “after the event” (ATE) policy is secured to insure the loan. If litigation is successful, credit agreement facilities traditionally can…
Award for TPF Costs Upheld by English High Court
International arbitration cases are utilizing third-party litigation funding at increasing rates. As this industry grows, thorny legal issues often arise. One such decision in Tenke Fungurume Mining v Katanga Contracting Services is being hailed by funders and the clients who work with them. Overall, the decision affirms that an arbitration taking place in London is…
The Third Party Funding Market in Asia
Funding requests across Asia are on the rise, prompting exponential growth in third party investment. Paul Starr, co-head of arbitration at King Wood & Mallesons, is one of Asia’s third party funding pioneers. Starr underscores the various litigation costs that weigh heavily on investors’ minds. …
The Debate Over TPF Costs
Traditionally, English courts are reluctant to interfere with decisions relating to arbitration proceedings. Arbitrators are given broad discretion to manage cases as they see fit. Courts therefore seldom get involved unless the conduct of an arbitration is so egregious that the situation demands an intervention. …
