Benefits of Funding with IMF Bentham Asia

Litigation Funding is not always well understood - either as a mechanism to enable a meritorious claim to proceed, or as a way to mitigate a client’s risk.

Our funding is non-recourse – if you lose your case, you owe us nothing.

If your claim does fail, any adverse costs risk is covered. This means you won't have to pay the other side's costs.

Our funding can help pay your lawyers' fees, assist with the high cost of litigation and enable you to afford counsel of your choice.

Our funding lets you monetize or "cash out" a portion of your recent judgment, to reduce the risk and stress that it may be reversed or reduced.

Our funding provides support against opponents seeking to outspend you.

Our funding enables law firms with diversified portfolios of cases to cover most or all of their fixed costs and still recover significant contingency fees (in those jurisdictions where contingency fees are allowed).

We provide additional analysis of your case - we conduct our own due diligence and we may also confirm our internal analysis with our network of legal experts.

We do not control legal or settlement decisions.





Funding for Insolvency

Funding of commercial cases claims arising out of insolvency and restructuring, which allows insolvency practitioners a client to finance all or a portion of the legal fees and costs of their litigation and thereby pursue recoveries for the estate whilst managing risk.

Commercial Litigation

In Asia IMF Bentham will fund single party commercial litigation claims, to the extent it is possible to do so under local laws and regulation (for example, under the “Access to Justice” exception in Hong Kong).

International Arbitration

The costs and risks associated with international commercial arbitration and investment treaty arbitration can be significant. IMF Bentham Asia can assist by providing finance for these claims. We will consider enquiries for ad hoc arbitrations, as well as those brought under the major arbitral institutions and conventions such as ICSID, ICC, LCIA, HKIAC and ACICA.

NDA

At the outset, we will put in place a Confidentiality Agreement to protect confidentiality and legal privilege.

Term Sheet

If IMF’s initial review determines that the case is likely to meet our investment criteria, we will provide a term sheet setting out the potential economic terms for the transaction.

Due Diligence

IMF will work with you to conduct an objective assessment of your case, and help you with any strategies to mitigate risk.  Preliminary funding can be available in appropriate cases.

Funding Agreement

Once approved by IMF’s Investment Committee, terms are offered by way of a written funding agreement.

Funding and Monitoring

Funding becomes available once the funding agreement is executed.  IMF will monitor the case with you, and when useful we can provide additional help from our wealth of experience and resources.

Resolution

IMF is entitled to its recovery when the party’s case has been settled or the party has received a judgment in its favor.  

If the case is unsuccessful, the party will owe Bentham nothing.

For more details, please download our Overview of Funding Process.
Please also see our Code of Best Practices.
If you have any questions or enquiries, please contact us.