A “pyrrhic” victory with no recovery is equivalent to a loss for the funder. As a result, consideration needs to be given to the defendant’s ability to pay. Due diligence will be undertaken as to the defendant’s assets in claimant friendly jurisdictions, to ensure that there are sufficient available resources to enforce against. Consideration may also be given to the seat of arbitration, as this can impact enforcement risk.
Whilst every third-party funder will have a unique approach to international arbitration and commercial litigation cases, Augusta equips potential claimants, and those who already access TPF, with an insight into the main decision drivers and checklists, ensuring a successful claim with as little mitigation as possible.
Missed out on previous checklists? Why not go from the very beginning and check out the first blog in the series, ‘The litigation funder’s checklist: legal merits’. Don’t forget to check out ‘economics’ and ‘claimant’ too, to ensure you are equipped with as much insight when considering litigation funding and its process.
If you have a case which broadly meets the above criteria – and aligns with other checklists within this series – please do not hesitate to contact Glyn or a member of our team of litigation funding experts to discuss the process in further detail.