As a renowned law firm specialising in international arbitration, Aceris Law can help its clients secure funding for meritorious claims that are capable of resolution via international arbitration. Aceris Law has successfully secured funding in the past for both international commercial arbitrations and investor-State arbitrations. While Aceris Law can fund small cases itself, this note explains how Aceris Law can help obtain third-party funding for international arbitrations.
Assistance in Securing Third-Party Funding for Meritorious Cases
For cases that require external funding, Aceris Law’s extensive network of contacts with third-party funders comes into play. It works closely with these funders to secure financing for clients with meritorious cases. Aceris Law’s reputation and experience in international arbitration make it a trusted partner, providing clients with a higher chance of obtaining funding. In Aceris Law’s experience, cases can only be funded if:
1. The value of the claims is greater than USD 3 million for commercial arbitrations or greater than USD 15 million for investor-State arbitrations.
2. The claims are based on a straightforward contractual or legal entitlement.
3. Third-party funding has not already been rejected by multiple third-party funders.
4. The claims are supported by copious documentary evidence.
5. There are no obvious jurisdictional problems.
6. There are no statute of limitations or time-bar issues.
7. The seat of arbitration is in a country known for its respect of the rule of law.
8. The client is transparent and willing to provide all supporting documentary evidence.
9. There are no obvious problems that can be foreseen on the merits.
10. The compensation owed can be proven in a non-speculative manner.
11. The respondent or respondents are going concerns and have assets that an award can be enforced against.
12. The client has clean hands and the risk of meritorious counterclaims is low.
It is important for clients to be aware that fewer than 1 in 20 cases are funded, and it can be harder to secure third-party funding than to actually win an international arbitration. If the above criteria are satisfied, however, then there is a realistic chance of securing third-party funding. Please note that Aceris Law only assists in securing third-party funding for cases where Aceris Law will be serving as counsel.
Aceris Law’s Proven Track Record in Commercial and Investment Arbitrations
Aceris Law’s expertise extends to both commercial and investment arbitrations, and it has successfully obtained funding for clients across various industries. Its track record speaks for itself, as it continues to help businesses and individuals navigate the complexities of international arbitration with confidence.
Aceris Law’s Reasonable Legal Fees Facilitate Funding
One of the key factors third-party funders consider when assessing a case is the legal fees involved, which are the single largest cost element of an international arbitration. Aceris Law prides itself on always offering reasonable and competitive legal fees, which not only makes its services accessible but improves the chances of securing funding.
No Charge for Assistance in Obtaining Funding
Aceris Law is dedicated to its clients’ success. If it assesses that a case is fundable, it will not charge for assistance in obtaining third-party funding. Aceris Law’s goal is to support clients throughout the entire arbitration process, and it firmly believes in sharing financial risks to achieve the best possible outcome. That said, it only assists clients in obtaining third-party funding if it becomes apparent that the dispute is, in fact, fundable. Given the time and effort that is invariably involved, it also requires exclusivity while seeking funding for a meritorious case.
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In conclusion, securing third-party funding for international arbitration can be challenging, but Aceris Law remains available to assist clients. With its expertise, extensive network, and commitment to reasonable legal fees, it strives to provide the best possible funding solutions for its clients. To discuss an international arbitration case or explore funding options, please do not hesitate to contact Aceris Law.