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Arbitration Funding Agreement template
Arbitration Funding Agreement sample


What is Arbitration Funding Agreement?

Arbitration Funding Agreement An Arbitration Funding Agreement provides funding for arbitration proceedings, specifying funding terms, repayment conditions, and allocation of arbitration costs.



Sample template:



Arbitration Funding Agreement


This Arbitration Funding Agreement (the "Agreement") is entered into as of [Insert date] by and between Precision Litigation Funding LLC, a limited liability company organized under the laws of [Insert State], with its principal place of business at [Insert Address] ("Funder"), and Beacon Legal Services, a professional legal services firm, with its principal place of business at [Insert Address] ("Recipient").

1. Purpose and Scope

1.1. Funding for Arbitration Proceedings


The purpose of this Agreement is to provide funding to the Recipient to cover the costs and fees involved in arbitration proceedings (the "Proceedings") between them and any opposing party. This Agreement is entered into for the sole purpose of providing financial support for the Proceedings and the Recipient agrees to use the funds only for this purpose.



2. Funding Terms

2.1. Funding Amount


Subject to the terms and conditions outlined in this Agreement, the Funder agrees to provide the Recipient with financial support in the total amount of USD [Insert Amount] ("Funding"). The Funding will be provided in a lump sum and is inclusive of all legal fees, expert fees, and other costs associated with the Proceedings.



2.2. Disbursement


The Funder will disburse the Funding to the Recipient within [Insert Number] business days after the execution of this Agreement by both parties, provided that the Recipient has submitted to the Funder (1) confirmation of the Recipient's representation in the Proceedings, as evidenced by a written signed letter from the Recipient's legal counsel, and (2) a copy of the notice of arbitration served on the opposing party in the Proceedings, as applicable.



2.3. Reporting


The Recipient agrees to provide the Funder with quarterly written updates on the progress and status of the Proceedings and any material changes to their position. The Recipient will also promptly notify the Funder of any settlement or decision involving the Proceedings.



3. Repayment Conditions

3.1. Recovery


If the Proceedings result in any monetary recovery, whether through an award, settlement, or otherwise (the "Recovery"), the Funder, subject to the terms and conditions of this Agreement, shall be entitled to receive, from such Recovery, a repayment amount equal to the total Funding provided (the "Repayment"). The Recipient agrees to pay the Repayment to the Funder on a priority basis and before any distributions are made to other stakeholders, including themselves.



3.2. No Recovery


In the event that there is no Recovery from the Proceedings, the Funder will not be entitled to any Repayment and will bear the risk of the Funding. The Recipient will not be responsible for returning any part of the Funding to the Funder.



4. Allocation of Costs

4.1. Responsibility for Costs


Except as otherwise expressly provided in this Agreement, each party will be responsible for their own costs and expenses incurred in relation to the Proceedings and the performance of their respective obligations under this Agreement.



5. Representations and Warranties

5.1. Recipient Representations


The Recipient represents to the Funder that they have the full power and authority to enter into this Agreement and to convey the rights and interests herein to the Funder; and that entering into this Agreement is not prohibited by, nor will it result in a breach or default under, any contracts or obligations to which the Recipient is a party or to which the Recipient or any of their properties are bound or subject to.



6. Governing Law and Jurisdiction

This Agreement shall be governed by, and construed in accordance with, the laws of the United States and the State of [Insert State]. Any dispute arising out of or related to this Agreement or the performance, breach, or interpretation thereof will be finally and exclusively resolved by arbitration in [Insert City], [Insert State], in accordance with the rules of the American Arbitration Association.



7. Miscellaneous

7.1. Entire Agreement


This Agreement constitutes the entire agreement between the parties and supersedes all prior understandings and agreements, whether written or oral, with respect to the subject matter hereof.



7.2. Amendments and Waivers


No modification, amendment, or waiver of any provisions of this Agreement will be effective unless in writing and signed by both parties.



IN WITNESS WHEREOF, the parties have executed this Arbitration Funding Agreement as of the date first above written.

Precision Litigation Funding LLC Beacon Legal Services

By: ___________________________ By: ___________________________
[Insert Name and Title] [Insert Name and Title]

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Sections of an Arbitration Funding Agreement


In this Arbitration Funding Agreement, you will see the following sections:

  1. Purpose and Scope
  2. Funding Terms
  3. Repayment Conditions
  4. Allocation of Costs
  5. Representations and Warranties
  6. Governing Law and Jurisdiction
  7. Miscellaneous


Going indepth - Analysis of each section:

  1. Purpose and Scope : This section explains that the agreement is for providing financial support to the Recipient (Beacon Legal Services) for covering the costs and fees involved in arbitration proceedings. The funds must be used only for this purpose.

  2. Funding Terms : This section outlines the terms of the funding, including the total amount provided, the disbursement process, and the reporting requirements. The Recipient will receive the funds in a lump sum and must provide updates on the progress of the arbitration proceedings.

  3. Repayment Conditions : This section explains the conditions for repaying the funds. If the Recipient wins the arbitration and receives a monetary recovery, they must repay the Funder the total amount provided. If there is no recovery, the Funder will not receive any repayment, and the Recipient is not responsible for returning the funds.

  4. Allocation of Costs : This section states that each party is responsible for their own costs and expenses related to the arbitration proceedings, except as otherwise provided in the agreement.

  5. Representations and Warranties : This section contains the Recipient's representations to the Funder, including that they have the authority to enter into the agreement and that doing so will not breach any other contracts or obligations.

  6. Governing Law and Jurisdiction : This section specifies that the agreement is governed by the laws of the United States and the State where the Funder is located. Any disputes related to the agreement will be resolved through arbitration in the specified city and state.

  7. Miscellaneous : This section includes various provisions, such as the entire agreement clause, which states that the agreement supersedes all prior understandings and agreements, and the amendment and waiver clause, which requires any changes to the agreement to be in writing and signed by both parties.

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