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.
 

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.

 

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

3. Analysis & Negotiation
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

Settlement
Litigation
Verdict

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.

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

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.

Writ of Summons
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 between 70% and 95%, depending on the financial instrument.

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