Send a summary description of the dispute with the names of the parties to someone in our team. Before you submit too much information to us, we recommend that you ask us to confirm that we do not have a conflict of interests and, thus, that we are able to receive information with confidentiality. Provided we have cleared conflict, we will provide a confidentiality undertaking.

If the dispute meets our basic investment criteria, we will proceed with an in-depth review (due diligence). During this review, we will, among other things, review a more comprehensive scope of the evidence, talk to relevant representatives of parties and the witnesses in the dispute.

If, after the due diligence, Litigium Capital wishes to fund the dispute, we will provide a proposal containing the main contractual terms (term sheet) and subsequently an investment agreement proposal.

We assess each dispute individually based on the estimated costs relation to the disputed amount. Typically, however, the disputed amount needs to exceed one million euros. 

No. We can refer you to a good law firm for representation in the dispute. However, the probability of a rapid investment process increases if there is a proper basis of material available for review during our due diligence. This typically requires a law firm to be appointed and that there is at least some basic correspondence initiated with the counterparty. 

Litigium Capital is not a legal advisor and cannot represent you as counsel. However, we have a wide network of lawyers we can refer you to, suitable for your particular type of dispute.  

Sweden is our main market and the only market we actively market ourselves in. However, we have the capacity to make investments in all Nordic countries. We can also source funding for cases outside the Nordic region with the support of our established network of international partners.

Our business model is to finance parties that have a financial claim against someone else. Therefore, we believe that the disputes that are possible to invest in are those where our customers are the claimants. However, we do not exclude that there are situations where we can look at financing solutions for parties other than the claimant as well. 

It depends how complicated the dispute is and what kind of review we need to do for an investment decision. Our goal is to provide a quick response whether or not we want to proceed with an in-depth review (due diligence). Such preliminary response can be expected within a week from receiving the request and necessary documentation. For further information, see information about our process under "How we work".

Following an executed investment agreement, the dispute is handled by you and your counsel just as if you had financed it yourself. Litigium Capital typically has no direct role in the dispute, but we want to be informed of significant events in the dispute. We also want to assess settlement offers together with our customers. We can also take a more active project manager role in the dispute, if requested.

Once the dispute is settled and payment has been received from the counterparty, the proceeds from the dispute are distributed as per the agreed principles under the investment agreement. No payment obligation is due to Litigium Capital until payment has been received from the counterparty. If the dispute is not successful, Litigium Capital is responsible for the costs and you as a customer has not lost anything.

No. Once we have invested in the dispute, we will leave the actual handling to you and your counsel. However, we reserve the right to approve any settlements and we would also like to be informed of important events in the dispute. We can also take a more active project management role in the dispute should you and your counsel so desire. 

Litigium Capital does not disclose which disputes we fund. Our agreements contain confidentiality provisions protecting you as a customer. However, in some cases during a court proceeding or arbitration, it may be required (or advised) that the counterparty, court or arbitators are informed of the financing arrangement.

For a thorough review of how dispute resolution financing works in Sweden, please read this report from Roschier Advokatbyrå. For a review of dispute resolution funding more generally and with an international approach, we refer to this report from the ICCA Queen Mary Task Force on Third Party Funding in International Arbitration.

No, there is no regulation requiring you to disclose to a Swedish arbitral tribunal or court that your costs in the dispute are financed by a third party. However, there are conflict of interest aspects to consider which could envisage that a funded party should disclose the information nonetheless. A funder shall, from a conflict of interest point of view, be regarded as equivalent to the funded party. It is therefore crucial that potential conflicts between the funder and the arbitrators are properly disclosed at an early stage of the proceedings. Should a potential conflict not be disclosed at an early stage, and arise later, there is a risk that the arbitral award is challenged and held invalid. The disclosure of a funding arrangement should be thoroughly assessed between the client, its counsel and the funder to avoid unwanted consequenses. For further information please read our article we have written on the subject on this link (available in Swedish only).