Arbitration caseloads continue to rise, as do the cost and expense to pursue them. As a result, claimants and their law firms are increasingly seeking financing solutions.
We help clients in construction arbitration fund fees and expenses and unlock the value of pending claims and unenforced awards—and manage the variety of unique challenges and risk management needs associated with these matters.
Of construction company lawyers have considered funding for legal fees and expenses
Arbitrations are time-consuming endeavors, with durations averaging 2.5 years for an ICC arbitration and 4.5 years for an ICSID arbitration
In the 2023 GAR 100 survey, law firms reported 208 funded arbitrations—the second highest number reported by law firms in GAR survey history, and the second time that the number of funded cases has surpassed 200
A company won a contract to build one of the largest dams on the continent. Despite being confirmed as the local partner more than a decade later, the national government instead attempted to proceed with the development of the project with a group of international entities. After initiating an arbitration, the parties reached a settlement agreement, which included a clause stating that government would be required to pay double the initial amount, plus interest. However, following an extended period of non-payment, the company needed capital. Burford provided $20 million in monetization, which enabled the business’s law firm to pursue additional claims so the company could be made whole.
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