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 engaged in energy 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 respondents to a recent survey on energy disputes said they believed there would be an increase in third-party funding of energy-related disputes in the coming years
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
When The Petersen Group bought shares of Argentine government-controlled energy company YPF in an initial public offering, it was promised that if the energy company were re-nationalized, Argentina would pay fair value to shareholders. When Argentina ignored that promise and expropriated a controlling stake in the energy company, share value fell sharply—causing Petersen, the largest minority shareholder, to become insolvent. The YPF legal claim represented Petersen’s most significant asset and its best path toward creditor repayment. Nevertheless, progress stalled because Petersen lacked the resources to pursue a protracted legal claim on its own and traditional capital providers were unable to recognize the asset value of the claim. Using the company’s claim as collateral, Burford provided the financing the company needed to move forward, ensuring the company would have the resources to pursue the case without being forced into an early settlement—eventually resulting in a final judgment of $16 billion dollars against Argentina.
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