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Legal Finance and Risk Management

Modern data centres cover millions of square metres, house expensive computing equipment, and consume as much power as small cities. They are complex undertakings involving intricate contractual obligations and supply chain interdependencies spanning all industries and economic sectors. With significant financial stakes tied to construction delays, regulatory compliance, service level agreements, intellectual property rights and energy supply, disputes are becoming more frequent and costly. Litigation funding is the perfect tool to alleviate the financial pressures created by data centre disputes and improve the investment returns on these assets.

Readers of our previous issues understand that litigation finance is a tool for the legal department to control spending and help contribute to the company’s bottom line. Indeed, companies with litigation portfolios are more frequently using litigation funding to manage budgetary pressures and mitigate litigation risk. Notwithstanding the growth in this market, the companies still exploring litigation finance have questions about how it works and whether it can advance their strategic interests. This two-part series will answer some of the most prevalent questions from corporate legal departments that are considering litigation funding for their affirmative claims.

The United States has long purported to be a champion of arbitration. This stance is embodied both in the “pro-arbitration” Federal Arbitration Act enacted by Congress nearly a century ago and in U.S. treaties providing for the recognition of international arbitration awards. The U.S. likewise boasts rich jurisprudence regarding personal jurisdiction, defining when parties can be hauled into court in this country. But what happens when these two principles collide, for example, when a foreign losing party to an international arbitration merges into another entity that has property in the U.S. that can be used to satisfy an adverse award?