The Litigation Funding Agreement serves as a comprehensive framework for third-party funding of legal proceedings in Indonesia. It is essential when a party requires external funding to pursue legitimate legal claims but lacks the financial resources to do so. The agreement carefully balances the interests of the funder and the funded party while ensuring compliance with Indonesian legal requirements, including the Civil Code and regulations on legal practice. This document is particularly relevant in complex commercial disputes, class actions, or high-value claims where significant litigation costs are anticipated. It addresses key aspects such as funding commitment, risk allocation, control mechanisms, confidentiality, and the distribution of proceeds, while incorporating necessary safeguards to protect all parties' interests within the Indonesian legal framework.
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1. Parties: Identifies and defines the Funder, the Funded Party, and any other relevant parties to the agreement
2. Background: Sets out the context of the litigation and funding arrangement
3. Definitions and Interpretation: Defines key terms and establishes interpretation principles
4. Funding Commitment: Details the amount, scope, and conditions of funding
5. Funded Proceedings: Describes the legal proceedings being funded and their scope
6. Conditions Precedent: Specifies conditions that must be met before funding obligations commence
7. Funding Waterfall: Establishes the priority of payments from litigation proceeds
8. Project Management: Outlines the management of the litigation and decision-making processes
9. Representations and Warranties: Contains statements of fact and assurances from both parties
10. Confidentiality and Privilege: Addresses confidentiality obligations and preservation of legal privilege
11. Termination: Sets out circumstances and procedures for ending the agreement
12. Dispute Resolution: Specifies mechanisms for resolving disputes under the agreement
13. General Provisions: Contains standard boilerplate clauses including governing law, notices, and assignment
1. Security Arrangements: Used when the funded party is required to provide security for the funding
2. Insurance: Required when specific insurance arrangements are part of the funding structure
3. Foreign Investment Provisions: Included when the funder is a foreign entity requiring compliance with Indonesian investment laws
4. Multiple Party Provisions: Used in class actions or multi-party litigation scenarios
5. Expert Determination: Included when specific technical or financial matters require expert determination
6. Settlement Protocol: Detailed settlement procedures when complex settlement arrangements are anticipated
7. Third Party Rights: Required when rights are granted to parties not directly party to the agreement
1. Litigation Budget: Detailed breakdown of anticipated litigation costs and expenses
2. Success Fee Calculation: Formula and examples for calculating the funder's return
3. Adverse Costs Insurance: Details of any adverse costs insurance arrangements
4. Case Theory and Merit Assessment: Summary of the legal case and assessment of prospects
5. Key Documents: List or copies of essential documents relating to the litigation
6. Counsel and Expert Terms: Terms of engagement for legal counsel and experts
7. Project Management Protocol: Detailed procedures for managing the litigation
8. Form of Notice of Assignment: Template for any required notices of assignment
Relevant legal definitions
Clauses
Relevant Industries
Financial Services
Insurance
Mining and Resources
Construction
Infrastructure
Manufacturing
Real Estate
Technology
Healthcare
Energy
Maritime
Agriculture
Professional Services
Telecommunications
Relevant Teams
Legal
Compliance
Risk Management
Finance
Corporate Affairs
Investment
Dispute Resolution
Treasury
Operations
Corporate Governance
Relevant Roles
Chief Legal Officer
Legal Director
Head of Litigation
General Counsel
Legal Manager
Compliance Officer
Risk Manager
Chief Financial Officer
Investment Manager
Legal Counsel
Litigation Partner
Case Manager
Contract Manager
Corporate Secretary
Finance Director
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