Litigation Process

1. Preliminary Analysis

Our technical analysts will perform a preliminary free evaluation to establish:

(i) if the case is suitable for litigation, and (ii) the probability of recovering the estimated loss.
 

Checking Text on a Document
2. Mandate

If the case is suitable, we will agree on a mandate for negotiation and litigation where our compensation will be success fee based.

 

3. Analysis & Negotiation

We will perform an in-depth technical analysis on the specific documentation on which we will base the negotiation with the counterparty for a reimbursement of the losses.

4. Litigation

If a settlement is not reached, we will file the case in front of an Italian tribunal through our highly experienced lawyers.

 

Recovery Timeline

Out of Court Negotiation
Dispute Letters

We file all letters of dispute in order to delay the statute of limitations.

Writ of Summons

We will file a formal document of dispute into the tribunal.

2nd Settlement Opportunity

We will attempt to reach a settlement with the counterparty which usually resolves in approximately 1.5 years from the filing of the writ of summons.

Verdict

The lawsuit will take an estimated time of 2.5-3 years to reach a final verdict.

Settlement

A majority of our settlements are closed in the course of the proceedings, as the counterparties usually tend to accept settlements before or during the expert investigation ordered by the judge (CTU). This phase usually takes place 18 months after the filing of the writ of summons. Based on our Track Record, 63% of the Lawsuits have been settled prior to the final court decision.

As a result of our fully contingent policy, we have cultivated a strong capability to select “valuable mandates”  that likely lead to a successful settlement or positive court judgment. This selection is completed scientifically through our internal proprietary ‘score model’.

 

Our model assigns a specific score to each of our proceedings, as a result of the documentation obtained by the clients and the background of previous decisions of the specific local court.

With this approach, our method has allowed us to reach a success rate of approximately 92%, depending on the financial instrument.

Did you know?

Italy's legal framework for contractual and non-contractual circumstances directly recognizes an investor's ability to recover their losses 

Approximately 70% of our cases settle within 18 months after the filing of the writ of summons.

The Italian tribunal may allocate a recovery value of greater than 100% of the claim