Companies and counsel with international claims

Cross-border litigation funding

When the claim is in one country and the defendant or its assets are in another, the funder reads the forum and the route to enforcement as closely as the merits.

Who this is for

General counsel and international disputes counsel

Your job is to pursue a claim that crosses borders without losing the recovery at the enforcement stage. A funder will ask where a judgment or award can be enforced before it asks anything else.

Where most comparable claims satTailTime from filing to resolution →
Figure 1How a forum duration band is drawn. The shaded band is the range in which comparable claims in one forum reached resolution. The tail to the right is the slower claims, kept visible.Illustrative

What cross-border funding covers

Cross-border litigation funding provides capital for claims in courts or tribunals outside the claimant’s home country, or for claims whose enforcement reaches assets abroad. It can fund court proceedings and arbitration.

Criterica Capital prepares the request from the record and sends it to independent funders. Each decides on its own.

What the funder reads

The funder reads the forum and its record on comparable claims, the governing law and the clause that selects the forum, the defendant and where its assets sit, and the route by which a judgment or award would be enforced there.

How to prepare the request

Provide the contract and its forum and governing law clauses, the claim summary, the damages basis and a note on the defendant’s assets by country. State what advice has been taken on enforcement. See the country pages for the forums Criterica Capital reads.

How to read this

A forum band describes how comparable claims have moved. Enforcement outcomes depend on the assets and the law of each country, which the funder reads on its own.

Questions readers ask

What is cross-border litigation funding?

Capital for claims in courts or tribunals outside the claimant’s home country, or whose enforcement reaches assets abroad.

What does a funder ask first?

Where a judgment or award can be enforced, because a recovery that cannot be collected does not repay the funder.

Who decides whether a claim is funded?

Independent funders each decide on their own. Criterica Capital prepares the request from the record.

Next step

Bring one large claim, judgment or award.

It is read from the record and prepared for independent capital providers. Independent funders each decide on their own.

Submit a large claim

Need analysis rather than funding? Criterica Intelligence