Alle Insights

Funding the Claim Is Not Owning the Claim: What Mariana Reveals About Litigation-Finance Rights

The Mariana dam litigation has exposed a private-asset problem that is usually hidden inside funding agreements: a claimant can own the cause of action, lawyers can control day-to-day litigation, a client committee may hold strategic authority, a litigation funder can finance the case and receive a share of proceeds, and none of those roles is automatically the same as owning or controlling the claim. Financial Times reporting in September 2026 described a dispute involving funder Gramercy,...

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A $1 Billion Claim Is Not a $1 Billion Asset: What 1MDB Shows About Recovery Rights

Liquidators of four companies have sued DBS Bank in Singapore for an estimated S$1.298 billion in damages in connection with 1MDB recovery efforts. DBS categorically rejects the claim and has made no provision for it. The case is a useful illustration of a broader private-asset problem: once the original money has moved or disappeared, the economically relevant asset can become a recovery right. But the amount claimed, the expected value of the claim, a judgment, cash actually recovered and...

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