Investment Criteria

Commercial litigation and arbitration finance

We advise and help raise litigation finance in commercial disputes (litigation and arbitration) in India and other common law jurisdictions.

> A strong legal team has been instructed (or will be instructed)
> Senior legal counsel has advised that the claim has strong prospects of success
> Our legal panel has advised that the claim is tenable
> Creditworthy defendant and clear path to recovery

Areas of focus

> Contractual disputes
> Shareholder and partnership disputes
> Group / class actions
> Real estate disputes
> Civil fraud
> Insolvency and restructuring
> Competition and follow-on damages
> Professional negligence
>Direct tax disputes
>Family matter disputes

Case Evaluation and Selection

Due diligence and funding process

We conduct our due diligence in-house. This provides us with a better understanding of the case, the legal team and the claimant, and enables us to suggest investment decisions quickly and efficiently.

We instruct external experts as necessary and work closely with them to test merits and value of the claim. Our due diligence and funding process involves the following five steps:

We discuss the case with the client or lawyer.
We review key documents and the case budget. If it cannot be invested in, we will tell you quickly. If the case meets our review criteria, we will present it to the Litigation Funder.
Subject to the Funder, they will issue a conditional funding term sheet.
We conduct due diligence and if the case still meets our review criteria, we make a second presentation to the Funder to confirm their offer to fund.
We provide our expertise and support if requested on a paid basis.

Terms and pricing

We provide advisory on litigation finance on terms which best fit the objectives of the client and its legal team.

The litigation funder usually provides funds on a non-recourse basis, meaning that they only earn a return if a claim is resolved successfully. Their return, which is generally calculated as a proportion of any proceeds ultimately recovered, reflects the risk-profile and likely duration of the claim.

Case Monitoring & Support

We monitor all of our advised claim investments by speaking regularly with our clients and their legal teams.

We offer our expertise and experience on case issues where we can assist and when invited to do so by the claimant and legal team. However, we do not interfere with the conduct of the case or make decisions about whether to settle the claim.