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Tenor and Crystallex declined to comment. Court records show Tenor eventually provided $76 million to fund the litigation branded cufflinks online uk online. In return, Crystallex agreed to give Tenor at least 70 percent of any payments it could collect from Venezuela, once Crystallex paid off Tenor’s loan and other creditors, the documents show. In 2016, the World Bank’s International Centre for Settlement of Investment Disputes, or ICSID, entered an award that has grown to $1.4 billion with interest. Crystallex said in November it had already received $500 million. Just weeks later the company accused Venezuela of breaching the agreement. It is not clear whether it will receive a full payout..
Venezuela’s Information Ministry did not respond to a request for comment. Companies increasingly are taking on foreign governments in the ICSID and other tribunals, including the International Chamber of Commerce and the United Nations branded cufflinks online uk online. In the 2000s, there were typically around 40 cases per year, but since 2013 the number has jumped to an average of 69 cases annually, according to a United Nations report. The UN noted that figure could be even higher as some cases remain entirely confidential..
Funding arrangements generally are not disclosed. The World Bank has proposed changing that, in part to shed light on potential conflicts of interest between arbitrators and funders branded cufflinks online uk online. For now, it is unclear how many companies are funding such cases using litigation financing, also known third-party funding, but industry executives and lawyers say the practice is common. “In some respects, every claimant in ISDS cases has considered the use of funding,” said Krug of Woodsford Litigation Funding..
Tenor, for example, is financing two other arbitration cases for Canadian companies with allegedly expropriated mining projects: a $4.4 billion claim by Gabriel Resources Ltd against Romania, and a $764 million claim by Eco Oro Minerals Corp against Colombia, according to company records. The firm also invested in a case against Uruguay over the demise of that nation’s former flagship airline, Pluna branded cufflinks online uk online. While payouts are potentially eye-popping, the risks are considerable, industry veterans say..
Three of every 10 cases is a complete loss, said Mick Smith, the co-founder of London-based litigation financing firm Calunius Capital, speaking at an industry conference in Europe this year. Even successful cases can tie up capital for years branded cufflinks online uk online. A Calunius client, Rusoro Mining Ltd of Canada, settled with Venezuela in October on a $1.3 billion arbitration award, six years after Calunius first extended the money, according to a statement from Rusoro. Venezuela’s final payment on the settlement is not due for five years, Rusoro said..