Introducing Omni Bridgeway's Asset Monitoring and Enforcement Funding Arrangement

Omni Bridgeway’s global team of multidisciplinary professionals – including lawyers, recovery specialists, and business intelligence experts, partner with claimants throughout their dispute resolution journey. We identify and secure assets to prevent their dissipation, maximising recovery potential. Even if claimants choose not to use Omni Bridgeway’s capital to fund the substantive (arbitral) proceedings, our global enforcement expertise and strategic insight is available to manage the enforcement risks.

A judgment or award is only as valuable as its enforceability. Sophisticated counterparties and reluctant debtors often deploy tactics to hide assets, delay proceedings, and evade creditors. Engaging specialists early is critical to countering these tactics and successful recovery relies on the timely identification and monitoring of assets, supported by a blend of intelligence, strategy, and precise execution.

Our asset monitoring and enforcement funding agreement is entered into during the merits phase of the proceedings. As the case progresses, Omni Bridgeway’s role transitions from identifying and preserving assets to active enforcement once the judgment or award is finalised and the debtor refuses to pay.

From the outset, before obtaining the judgment or award, we work alongside the claimant to:

• Identify and monitor the counterparty’s assets and leverage points, primarily using our internal asset tracing resources.

• Provide strategic advice on preserving assets for future enforcement, including recommendations for interim conservatory measures and guidance on jurisdictions where such measures can be effectively sought.

• Advise on measures to ensure the judgment or award, once rendered, will be enforceable in the jurisdictions where assets are located.

• Develop a robust, multi-jurisdictional enforcement strategy that ready to be deployed if the judgment or award is not voluntarily paid.

A lower success fee applies during the merits phase, payable only from the recoveries in the proceedings. Once liability is established and the debtor refuses to pay, a higher success fee will apply. In this event, Omni Bridgeway assumes the risk of funding the recovery, and our enforcement team will promptly execute the enforcement strategy to exert maximum pressure and secure recovery.

Interested in learning more? We would be delighted to explore customised solutions to unlock value for your business. Download the brochure here.