Therium helped assemble and then funded the legal team that enabled a European machinery distributor’s overwhelming victory against a US manufacturer in an international arbitration concerning a breach of the parties’ distribution agreement. The manufacturer’s egregious misconduct had destroyed the distributor’s business and rendered it penniless, such that Therium’s funding was the only way the distributor could pursue its rightful remedy. This investment exemplifies how Therium’s capital can level the playing field and provide access to justice.
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Working with the claimants (before a demand was filed) to identify an appropriate legal team which the claimants then selected to prosecute their claim to a successful conclusion.
International Arbitration / Commercial Arbitration / Breach of Contract
Manufacturing
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The case involves a multi-million USD treaty claim against a Latin American State under a Bilateral Investment Treaty for unlawful seizure of assets belonging to the claimant.
The wrongful actions of the State have been the subject of parallel proceedings and caused substantial losses to the client.
Therium’s funding has provided the means by which the client can seek redress for the losses it has suffered which would not be possible without external financing.
International Arbitration / Bilateral Investment Treaty
Shipping
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This is a securities claim brought on behalf of institutional investors in the B3 Market Arbitration Chamber (“MAC”) in Brazil against a corporate accused of making false and misleading statements as to the risks associated with a large dam which ultimately collapsed, causing widespread damage to local communities.
This represents one of the first shareholder actions brought in the MAC.
Therium is working alongside law firm DRRT in order to secure redress for investor losses on behalf of its institutional shareholder clients.
International Arbitration / Securities Litigation / Shareholder Dispute / Group Litigation / Class Action / Investor Loss / Collective Redress
Mining
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Therium funded a BIT arbitration arising out of the expropriation of a mining asset by a Central-American State.
The State’s conduct caused the claimant financial difficulties and funding allowed the claim to proceed, thereby holding the State to account and upholding the rule of law.
With Therium’s support the claimant was able to pursue the claim to a final hearing which resulted in an award in its favour.
International Arbitration / BIT Arbitration
Mining
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An investor-state claim against an African state arising out of the breach of an infrastructure contract.
Therium backed the claim despite some market concerns about the identity of the respondent – state.
Therium also structured the funding arrangements to afford the claimant ample opportunity to settle for a discount on the substantive funding terms.
International Arbitration / BIT Arbitration
Infrastructure
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An investor-state claim arising from expropriation of the claimant’s investment in a port facility. During the course of the proceedings, the respondent brought collateral proceedings in the U.S. in an attempt to frustrate the main action.
Facilitating access to justice for an impecunious claimant against a respondent state, where no local remedy existed.
Therium’s funding enabled the claimant’s lawyers to successfully resist the US proceeding and ensure the continuation of the treaty claim.
International Arbitration / BIT Arbitration
Infrastructure
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