Monetization and Award Enforcement

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Monetizing Claims

Claimants who embark upon litigation or arbitration sometimes find that they need to unlock the value of their claim before the final hearing, whether to alleviate cash-flow pressure elsewhere or to provide working capital for the business during the life of the claim.

TheJudge can help claimants find ways to monetize their claims through funders who will consider purchasing the economic rights in a claim, where permitted, or equity in the claimant entity bringing the claim. This will typically involve:

– an immediate non-refundable cash payment to the claimant; and
– the funder will assume responsibility for funding the legal or enforcement costs going forward.

Very often the purchase price will include both an upfront payment and a share of any recovery generated by the funder.

Judgment & Award Enforcement

TheJudge can help claimants holding a judgment or award in their favour and seeking financial and/or strategic support to collect on it.

The enforcement process can be a long and costly one. The claimant will have already made a huge investment of time and money in securing a judgement. They may not have the appetite for another phase of legal proceedings in what could be several jurisdictions in order to seize assets and enforce their claim.

TheJudge works closely with a number of funders who specialize in the enforcement process, in return for a share of the recovery. Such funders may also consider monetizing the award.

Enforcement funders often add significant value beyond the cash they invest. A number have specialist in-house teams capable of efficiently identifying assets and formulating strategies to enforce in multiple jurisdictions.

Arbitration Award Default Insurance (AAD)

TheJudge can arrange insurance to cover the risk of sovereign default on arbitral awards.

Very often the risk of non-payment by a sovereign state is the greatest hurdle associated with funding a bilateral investment treaty arbitration.

Clients investing substantial resources in financing arbitration, law firms considering working on a full or partial contingency or third-party litigation funders may be confident of success on jurisdiction and merits, however they may be concerned about the risk that the state will delay in paying or ignore any award.

One solution is Arbitration Award Default Insurance.

AAD is an insurance policy which protects the claimant against a respondent state’s failure to pay an award made against them. Typically, the policy will respond to pay a portion of the amount a respondent state has failed to pay within a certain period of time, up to the limit of cover.

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