This article highlights two important junctures where corporate counsel can position disputes for maximum advantage; pre-dispute, by carefully considering contracts rights, and once a dispute emerges, through informed negotiation as to whether a claim should proceed as an arbitration or litigation.
As a litigation funder, we routinely work with clients and counsel to understand the likely costs of pursuing a claim. Based on our experience working with a wide range of counsel in various jurisdictions, this post discusses five things that we recommend all counsel keep in mind when a client asks for a litigation budget.
In this article, Paul Rand discusses how choosing the right financing approach for a legal dispute can shape litigation strategy and drive business growth impacting a company’s cashflow, risk profile, and business operations.
In this article, Paul Rand shares four over-arching themes that are constants in successful claims: the calibre of the legal team, clarity on goals and strategy, alignment of stakeholders and communication.
This article sets out the latest development in the global attempts to enforce the arbitral award in Sociedad Concesionaria Metropolitana de Salud S.A. v. Webuild S.P.A.
A significant recent judgment in Quebec regarding the validity of state-related asset seizures offers a fresh perspective from the province's highest court on the application of international arbitration principles within Canada's legal framework, further solidifying the country’s reputation as an enforcement-friendly jurisdiction.
Discussions about third-party funding often raise questions about the common law doctrines of maintenance and champerty. This article sets out how third-party funding fits into the Canadian legal landscape, in light of the history and evolution of maintenance and champerty.
The Supreme Court of Canada recognized Omni Bridgeway’s litigation funding arrangement as ‘fair and reasonable’ in a landmark decision for the litigation finance industry in Canada. We delve into the details of the Court’s written opinion on our blog.
Drawing from its expert team, its foundational position in the Canadian market, and its 30+ years of global funding experience, Omni Bridgeway has created a comprehensive and user-friendly guide to the legal and practical issues in a rapidly growing industry in Canada.
The Supreme Court of Canada agrees to hear an appeal in a case funded by Bentham IMF involving a lawsuit against Callidus Capital Corporation, in a matter that will shape Canadian law on litigation funding.
Last month’s Ontario Superior Court costs decision in a personal injury-type case, Davies v. Clarington (Municipality), caught our attention. It puts into sharp relief the differences between companies who offer loans for personal injury litigation and funders like Bentham who provide funding for corporate-commercial claims and class actions.
The Ontario Superior Court recently approved a funding agreement whereby the funder will pay for class counsel’s legal fees as the case progresses, in exchange for a return at the conclusion of the case. This arrangement enables the matter to proceed where the client is not able to pay legal fees, and the law firm is not able to carry its fees throughout the case.
In May 2018, British Columbia modernized its International Commercial Arbitration Act by largely adopting the 2006 amendments to the UNCITRAL Model Law on International Commercial Arbitration.
