Litigation and Arbitration Finance (Third-Party Funding)

The firm is heavily involved in the fast-growing area of dispute finance (arbitration and litigation) or third-party funding.  The firm’s lawyers use their expertise in domestic and international disputes to help funders and financial institutions navigate the complexities of dispute resolution.  We provide a variety of services within this area, from helping funders assess the merits and challenges of a dispute, to negotiating a funding agreement, to providing ongoing legal advice throughout the dispute so that our clients are comfortable with their investments.

Representative matters

  • Due diligence and transactional counsel for a litigation and arbitration funder in an international commercial arbitration administered by the International Chamber of Commerce (ICC) arising out of an energy project in the Netherlands.
  • Due diligenece counsel for a litigation and arbitration funder in an international commercial arbitration administered by the International Chamber of Commerce (ICC) arising out of an infrastructure project in Venezuela.
  • Due diligence counsel for a litigation and arbitration funder in an arbitration before the International Center for Settlement of Investment Disputes (ICSID) arising out of several violations of the North American Free Trade Agreement (NAFTA) related to a mining concession.
  • Due diligence counsel for a litigation and arbitration funder in an arbitration before the International Center for Settlement of Investment Disputes (ICSID) arising out of several violations of the North American Free Trade Agreement (NAFTA) related to multiple mining projects.
  • Due diligence counsel for a litigation and arbitration funder in an arbitration before the International Center for Settlement of Investment Disputes (ICSID) against a Latin American sovereign arising out of several violations of multiple Bilateral Investment Treaties related to a gas concession.
  • Due diligence and transactional counsel for a litigation and arbitration funder in an action before the U.S. International Trade Commission arising out of patent infringements and misappropriation of trade secrets.