Basic strategic considerations in the funding of disputes

At the same time, third-party dispute funding firms have taken a prominent place on the scene, and have also begun to offer their services to clients in the financial and investment industry. The available dispute funding options, however, are not always deployed to their best effect. Decisions regarding dispute billing, provisioning and funding are often made on the eve of a dispute, or after it has already begun, and in an ‘intuitive’ and imprecise way. This brief article sets forth certain considerations that are foundational and not terribly complicated, but that should be addressed as early as possible, to guide dispute billing and funding discussions and tailor arrangements to different disputes’ particular needs.

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