Dispute finance for companies

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Agile business leaders are turning to dispute finance to create value, conserve cash and reduce costs and risks.

Dispute finance is helping them pursue their legal rights without cost, unlock the monetary value in their disputes, judgments and arbitral awards and de-risk their balance sheets at the same time.

Here's how

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Dispute finance for business

As an alternative to using your balance sheet, third-party dispute finance allows you to outsource all of the cost and risk of pursuing commercial disputes or recovering judgments and awards. Non-recourse dispute finance is recoverable against the value of your judgment or award and enables you to:

Manage cash flow

  • Avoid drag on your P&L, balance sheet and EBITDA from costly disputes or recovery actions
  • Pursue your legal claims while reserving your capital for business continuity, operations and growth
  • Avoid opportunity cost - pursue profit-making opportunities and your legal rights
  • Alleviate budget constraints and ensure cost certainty

Unlock value in intangible assets

  • Leverage your claims, judgments and awards as assets akin to traditional asset classes, such as property
  • Bring value to your business by unlocking potential revenue in your claims, judgments or awards
  • Inject cash into the business without corresponding balance sheet liability
  • Transform your in-house legal function from cost centre to profit centre
  • Finance dispute or recovery expenses without reducing operating profits, depressing financial results or inhibiting your valuation

Outsource risks

  • Ensure risk certainty in pursing disputes
  • Transfer financial risk of complex disputes (ongoing costs, adverse costs and security for costs)
  • Move forward in the knowledge your position has been vetted by leading professionals with an exemplary success rate

Supplement resources

  • Relieve workload pressure for your in-house resources, focus on your core business and draw on our expertise in disputes and recovery actions at no additional cost
  • Retain leading legal representation and benefit from our independent oversight of strategy and expenses

Enhance reputation

  • Enforce your legal rights and convey strength to the market and opponents
  • Reassure stakeholders of your effective risk management
  • Level the playing field against larger opponents

"Omni Bridgeway is... a commercially-savvy team that puts together creative funding options for our clients which suit their business needs."

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TIMOTHY COOK, PARTNER, STEPHENSON HARWOOD LLP

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Financing options with Omni Bridgeway

Omni Bridgeway takes on the cost and risk of your legal disputes and recoveries against unwilling debtors and, in return, we only recover our expenses and a return on our investment when the claim resolves or the debt is recovered for you. Our financing is 'non-recourse' - we are only paid if your claim or recovery is successful.

There are many ways our bespoke capital solutions can help your business

  1. SINGLE CASES We will team with you to finance a single case. Our financing covers all legal costs including briefing law firms, barristers, expert witnesses and court or arbitration fees.
  2. DISBURSEMENTS ONLY OR PART OF THE COSTS
    If you only require cover for disbursements (for example barristers, experts and court or institutional filing fees) or want to allay only part of the costs, we customise finance to your needs.
  3. PORTFOLIO When you have multiple potential claims, awards or judgments that can be bundled, we can finance the entire portfolio, often with favourable pricing and the ability to finance defences in the portfolio.
  4. WORKING CAPITAL / OPERATIONAL COSTS

In addition to financing your case or recovery, we can provide finance for your business' operational costs pending the resolution of your dispute or enforcement. You can leverage the value in your contingent arbitration or litigation assets to secure funds for legal expenditure or general business purposes or simply to declare as profits.

  1. "SEED" FINANCING Sometimes you need to explore whether your claim is worth pursuing. We can finance up-front 'seed' costs (such as paying for expert opinions) for assessing the merits of a claim along with contributing extensive experience to your case analysis and strategy.
  2. ADVERSE COSTS AND SECURITY FOR COSTS
    We provide up-front 'security for costs' when required.

We also cover you for adverse costs (i.e. any costs you are ordered to pay if your case is unsuccessful). In other words, we protect you from the downside risks of litigation.

  1. ENFORCEMENT AND RECOVERY We provide the finance, strategic know-howand project management to trace assets and recover unpaid arbitration awards or judgments against able, but unwilling, debtors.
  2. SALE OF LEGAL ASSETS Your debt, judgment or award, and certain other claims (such as insolvency claims which may be held by other parties), can be sold to Omni Bridgeway via an assignment - a quick way to return cash to your business and let you focus on operations and growth.

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"They helped the client remain solvent through proceedings. I was shocked that they were accommodating enough to do that."

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CHAMBERS AND PARTNERS

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Omni Bridgeway Limited published this content on 12 December 2022 and is solely responsible for the information contained therein. Distributed by Public, unedited and unaltered, on 15 December 2022 11:45:08 UTC.