[EN] Deminor Case Studies

Investment Treaty Arbitration - American Corporation v. Asian State

Written by Deminor | Sep 20, 2024

Introduction

Deminor is thrilled to share a recent success story in relation to its financing of a claim involving a North American company involved in arbitration with an Asian State. One noticeable feature of this case is that the Law firm involved required interim litigation financing whilst proceedings were underway.

Claim Summary

Deminor provided funding to a law firm in connection with an arbitration brought by a North American company against an Asian State under a BIT.  

Law Firm Funding

Proceedings were already ongoing when Deminor was approached for funding, but the law firm in question was acting on a pure contingency basis and needed to unlock some interim financing while waiting for its ultimate success fees.

Process & Approach

Deminor can provide funding to law firms working on arbitration or litigation cases under contingency fee arrangements or other deferred fee set ups. Funding can provide an upfront payment in return for a share of the upside.  

Not only does Deminor take on some of the risk in the case, but a law firm can take advantage of secure cash flow in advance of any final decision on the case. In this particular instance, proceedings were at an advanced stage and the factual and legal position was complex. However, Deminor was able to review and assess all the material issues to present a commercial solution.

Case Manager’s Comment

Deminor can provide funding to law firms to support contingency fees or similar arrangements. We can assist by providing upfront cash flow and sharing some of the risk. In this case, we were able to leverage our investment treaty know-how to assess the risks and issues effectively and unlock value in a commercial manner.