ARTICLE
7 November 2024

Asset Monitoring & Enforcement Funding

OB
Omni Bridgeway

Contributor

Omni Bridgeway is the global leader in legal finance and risk management, including dispute and litigation finance from case inception to post-judgment enforcement and recovery. Listed on the ASX, Omni Bridgeway operates from 24 international locations.
Omni Bridgeway's expertise, assistance and funding help you to recover what is due to you...
United States Wealth Management

Why Omni Bridgeway?

You are in a safe pair of hands with us

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Our offering

Protect your victories and successes on judgments and awards with Omni Bridgeway

At Omni Bridgeway we help clients around the world mitigate the costs and risks of international disputes and recovery actions. Our financial and strategic input assists clients achieve successful outcomes, free up their legal budgets and monetise good claims, while controlling risk. We are one of the largest and most experienced international litigation and enforcement funders globally, with 24 locations and over 200 staff globally.

In choosing to work with us, the resources at your disposal extend beyond the provision of finance to meet the costs of legal proceedings. They also include provision of case relevant intelligence and asset tracing services by our experienced in-house intelligence team, with access to learnings from hundreds of past recoveries. If it comes to it, our tactical enforcement knowledge will prove invaluable in your case.

More than capital. Benefit from shared risk management

Without the ability to collect, a judgment or award is of little value. Sophisticated counterparties and reluctant debtors will do whatever they deem necessary to hide assets, prolong proceedings and evade creditors. Experienced judgment enforcement and asset recovery specialists with the capital to back a successful enforcement strategy are required to provide the necessary strategic counter. Omni Bridgeway provides this solution and will be your formidable ally throughout this process.

From the outset, prior to obtaining your judgment or award, we will work alongside you to:

  • identify and monitor your counterparty's assets and other leverage points, primarily using our internal asset tracing resources;
  • provide strategic advice in relation to the preservation of assets for enforcement (including as to whether any interim conservatory measures may be required and in which jurisdictions such measures may effectively be sought);
  • advise on measures required to ensure that the award or judgment, once rendered, will be enforceable in the jurisdictions where assets are located;
  • formulate a heavy-hitting multi-jurisdictional enforcement strategy ready for deployment if the award or judgment is ultimately not paid voluntarily.

In the event of non-payment, we will move swiftly to implement the planned enforcement actions to exert maximum pressure and secure recovery.

Omni Bridgeway's strength and enforcement expertise helps us pressure the opponent to achieve a successful recovery... Contracting with Omni Bridgeway is the best thing we could have done, as we had no other way of progressing without them.

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Omni Bridgeway combines legal intelligence, research and finance acumen for a rather unique blend. I have worked with Omni repeatedly, and the matters we jointly work on are always complicated cross-border matters that really require sophistication.

Bespoke solutions for your organisation

When you expect that your counterparty will not voluntarily satisfy your award or judgment, bringing Omni Bridgeway on board from the outset – even when you don't seek Omni Bridgeway's funding to meet the costs of the proceedings – will maximise your chances of recovery.

Successful identification and monitoring of assets to lay the foundation for successful recovery requires integrated intelligence, strategy and timing. The earlier you bring experts onboard the better.

We assist clients during their dispute resolution journey to identify assets and prevent their dissipation to maximise recoveries.

We understand that clients do not always wish to utilise Omni Bridgeway's capital to fund the substantive proceedings. The benefits of our global enforcement expertise and strategic insight are however still available.

Omni Bridgeway's asset monitoring and enforcement funding solution is available for clients who foresee enforcement risk and either (i) wish to fund the merits phase themselves, or (ii) the uncertainties of the case mean our investment criteria for the funding of the merits phase are not able to be satisfied. The asset monitoring and enforcement funding agreement is entered into during the merits phase of the proceedings, with the nature of Omni Bridgeway's services converting from asset identification and preservation to enforcement once the judgment or award is finalised and the debtor refuses to pay.

The funding structure operates as follows:

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The global leader in financing and managing legal risks

Today's disputes involve multi-national, multi-cultural and multi-lingual parties facing multi-jurisdictional issues and cross-border recoveries. A global team is essential to meet these needs.

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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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