Third party litigation funding is a relatively new, but an increasingly popular mechanism for third parties (funders) to provide financial funds for litigation or arbitration, which has been gaining ground in the region.
The funder provides non-recourse funding for the proceedings in return for an agreed premium upon resolution of the dispute, usually as percentage of the award. The funder also fully assumes the risk of losing in the proceedings. Thus, by not using own funds, a company can instigate litigation proceedings without jeopardising its liquidity.
Litigation funding can significantly facilitate the decision to instigate litigation for a high and substantiated claim. It also contributes to the equality (equal weapons) and effective judicial protection of the parties that otherwise might not be able to afford to participate in dispute proceedings.
A panel of Slovenian and foreign legal and financial experts will present the funding process in practice, which generally consists of the following phases:
(i) selection of a suitable claim and assessment of the chances for success by party's legal counsel;
(ii) contact with the funder: due diligence, assessment of risk and the expected outcome and conclusion of a funding agreement; and
(iii) running the litigation/arbitration proceedings.
Speakers will, include:
Marko Djinović, Secretary General, Ljubljana Arbitration Centre at the Chamber of Commerce and Industry of Slovenia
Leon Kopecky, Partner, Schönherr Rechtsanwälte GmbH
Jonathan Barnett, Head of Austria & CEE, Nivalion
Till Schreiber, managing director, Cartel Damage Claims Consulting (CDC)
Bojan Brežan, Managing Partner, Schoenherr Attorneys at Law – branch Slovenia
The event will be held in English. Attendance is free of charge. You will be sent the link to the virtual event the day before.
Please register your attendance by 27 September 2021 via the link below.
We look forward to e-meeting you!