Recently joined a talk oninternational dispute resolution involving African parties, and one of thepanelists was an expert on litigation funders. Several interesting points:
- Litigation funders only take cases with really strong claims on merits, 1 in 25 cases on average that are referred to them, and nothing speculative.
- First priority is if debtor/counterparty is solvent, and there is a clear means to enforce
- Involvement of funders often has a psychological effect on counterparties as they are aware of experience/aggressive tactics of funders
- 85% of all cases accepted by litigation funders get settled.
Our claim is for USD 95M, andcounting. This case is will still take time, and GoT will want to avoidsetting a precedent, but that can work in Indiana's favour as itwould encourage an early confidential settlement. Even afraction of this figure would be very positive for Indiana given a market captoday of A$21M - funding without going the market again.
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