Claimants who embark upon litigation or arbitration sometimes find that they need to unlock the value of their claim before the final hearing or before an award has been enforced, whether to alleviate cash cash-flow pressure elsewhere, or provide working capital for the business during the life of the claim.
TheJudge can help claimants find ways to monetise their claims, whether those claims are ongoing or whether the claimant has a decision in their favour, but they have not yet been able to enforce the award.
TheJudge accesses a broad spectrum of funders that 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.
When engaged to broker the sale of an award or the economic rights to a claim, TheJudge will conduct an auction in order to maximise the purchase price for the benefit of our client.
There a many reasons that an insolvency practitioner may wish to consider selling an insolvency claim, not least due to the personal cost liability arising from any litigation they choose to pursue.
However, that does mean that the litigation – being a potentially valuable asset – should not produce a recovery for creditors.
TheJudge has access to a number of specialist funders that focus on the purchase or funding of insolvency claims for either immediate upfront consideration and/or a share of any recovery generated by the funder.
TheJudge can help insolvency practitioners satisfy their duties to creditors by running an auction involving several funders, in order to achieve the maximum potential price for the benefit of creditors.
TheJudge can help claimants holding a judgment or award in their favour and seeking financial and/or strategic support to collect upon it.
The enforcement process can be a long and costly one. After what is likely to already have been years of investment and time and money in order to secure a judgment, the appetite of a claimant to undergo another phase of legal proceedings that might involve litigation in a variety of different jurisdictions to seize assets may well have diminished.
TheJudge works closely with a number of funders that specialise in the enforcement process, in return for a share of the recovery. Such funders may also consider monetising 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.
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 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 that can purchased by the Claimant which will pay, up to the Limit of Cover, the amount that the Respondent state has failed to pay within a certain period of time from the final due date for payment.
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