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 law firms and their clients in with arbitration claims 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.
Arbitrations are time-consuming endeavors, with durations averaging 2.5 years for an ICC arbitration and 4.5 years for an ICSID arbitration
72 firms reported funded arbitrations in the 2023 GAR 100 survey—a 33% increase since 2019
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 leading law firm wanted to expand its arbitration practice, offer more compelling terms to clients and receive the additional upside, but could not take additional alternative fee risk onto its balance sheet. Burford worked with the firm’s head of global disputes to create a $50 million going-forward portfolio of potential matters that would each be placed into the portfolio as new case opportunities arose. The assurance of having financing available for future matters gave the firm a competitive advantage over other top firms offering alternative fee options and ensured the firm would not have to turn down a strong case or a new client simply because it could not absorb additional risk. As a result of this flexible portfolio arrangement, the firm was able to expand its practice and increase its opportunity to earn highly profitable success fees, while limiting its exposure to a loss of its time and out-of-pocket cash investment.
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