Third-party-funding (TPF) and After-the-event-insurance (ATE)

Time17.00–20.00 on Tuesday 15 November 2016

PlaceNäringslivets hus, Storgatan 19, Stockholm

TPF is an institutionalized form of financing commercial disputes by investors specializing in litigation
and arbitration funding. ATE insurance is a custom-made insurance product covering litigation costs
and third-party risks in pending disputes (the policies are taken out after the dispute has arisen).
 
TPF and ATE insurances have for many years been commonly used tools to fund commercial
litigation and arbitration and to cover litigation risks in the Anglo-Saxon legal community and in some
other jurisdictions. These tools have been used both as means to secure funding of disputes (“poor
man’s right to justice” and “levelling the playing field”) and to spread risk and reward in commercial
disputes, for instance by companies wishing to share risk/reward and to take litigation costs offbalance
(“disputes as regular investment objects”). Another financial service that is offered is
“monetization” of late stage claims or awards/judgements.
 
In Sweden and in the Nordics, TPF and ATE insurance have in its institutionalized form until lately
been practically unknown phenomena on the dispute resolution scene, but this is likely about to
change. Foreign funders and ATE insurers are looking at Sweden and the Nordics with keen interest.
Sweden and the Nordics have a business environment that creates relatively large disputes by the
numbers and it has a sound and transparent legal culture with reliable courts and commercial
arbitration.
 
In order to spread some information about TPF and ATE insurance and the impact it may have on the
dispute resolution scene, SAA is inviting to a seminar on the topics TPF and ATE insurance.
The seminar will briefly cover the Swedish legal aspects of TPF and ATE insurance and speakers
representing different sectors of the TPF and ATE insurance industry will give presentations followed
by a panel discussion.
 
Speakers at the seminar will be Christian Stuerwald, Head of Case Assessment, Calunius Capital,
London, James Blick, Director, The Judge Group, London, and Thomas Hopp, General Counsel,
AREAM GmbH, Düsseldorf. The seminar will be moderated and introduced by advokat Harry
Bergman, Wistrand Advokatbyrå.
 
The seminar will take place at Storgatan 19, Stockholm, and will start at 5 pm. After the seminar, a
light meal and drinks will be served. If you wish to attend please register by e-mail to
info@swedisharbitration.se no later than 10 November 2016. Participation is free of charge for SAA
members.