International litigation funding
You run the case. We carry the cost.
ELKAKU & CO LIMITED funds commercial disputes and arbitrations across jurisdictions. Lose, and you owe us nothing — including the other side's costs. Win, and we are paid out of the recovery.
info@elkakuco.comWhat a cross-border case costs to run
Indicative estimateIndicative ranges only, drawn from typical budgets in each forum and shown in euro. What a case actually costs turns on procedural history, the volume of disclosure, the number of experts and how the opposing party behaves. These figures are not a quote and not a costs budget.
Process
From first enquiry to signed funding
Four stages. Nothing is payable before signature, and nothing binds you until then.
Enquiry
Send us the facts, the amount claimed, the forum and the stage the matter has reached. Confidential, under NDA if you prefer.
Reply within one to two business daysInitial review
We read the papers and test whether the cause of action, the evidence and the amount at stake fit our criteria.
About one weekFull diligence
Legal and commercial diligence with your counsel: merits, limitation, quantum, and whether an award or judgment can be enforced.
Two to six weeksFunding agreement
We take on the costs of the case. Conduct of the case stays with you and your counsel.
Drawdown as the case requiresWhat we fund
Claims that end in money
We fund claims where the relief can be quantified and collected from a counterparty with assets, wherever those assets sit.
International arbitration
Commercial and investment treaty arbitration under ICC, LCIA, SCC, SIAC, HKIAC, UNCITRAL and ICSID rules.
Cross-border commercial claims
Supply, distribution, joint venture and construction disputes with parties in more than one jurisdiction.
Competition and antitrust damages
Follow-on claims after a regulator's decision, standalone claims, and assigned or bundled portfolios.
Shareholder and M&A disputes
Warranty and indemnity claims, minority oppression, valuation and buy-out disputes, director liability.
Enforcement and recognition
Turning an award or judgment into money: New York Convention enforcement, asset tracing, freezing relief.
Insolvency claims
Avoidance, misfeasance and recovery actions brought by office holders, funded without drawing on the estate.
Criteria
What gets a yes — and what does not
We decline early when a case does not fit. That costs you less time than being kept waiting.
We look further when
- ✓The claim is quantifiable
Damages, debt or restitution with a figure that can be pleaded and proved.
- ✓The merits hold up
Cause of action, evidence and limitation are settled, or can be settled.
- ✓An award can be enforced
Assets in a jurisdiction that will recognise the judgment or award. A paper win is worth nothing.
- ✓Cost and recovery are proportionate
The likely recovery should be a multiple of what the case costs to run.
We decline when
- ✕Insurance already covers it
If a legal expenses policy responds, you do not need us, and we will say so.
- ✕The relief is not monetary
Status, family, criminal and purely declaratory matters.
- ✕The counterparty is empty
Insolvent, or assets that cannot be traced or secured.
- ✕The claim is time-barred
We prioritise cases close to limitation, but not every one can be saved.
For law firms, office holders and in-house counsel
Good claims should not die on the budget
You keep the client and the conduct of the case, and you bill your rates — funded by us. Office holders can pursue recovery actions without drawing on the estate, and firms can bring us a portfolio rather than a single file.
info@elkakuco.comQuestions
What to know before you write
What does the review cost?
Nothing. Both the initial review and full diligence are free, including when we decline at the end of them. You pay only out of a recovery, never before one.
What happens if the case is lost?
We absorb it. Counsel's fees, tribunal and court fees, experts and, where the losing party pays costs, the other side's recoverable costs. Nothing is repayable by you. The downside sits entirely with us.
What do you take if the case wins?
It is set case by case. The amount at stake, the forum, the expected duration, the strength of the evidence and the enforcement risk all move the number. You will know it before you sign, and it applies only to what is actually collected — not to the sum awarded on paper.
Which jurisdictions and seats do you cover?
Common law and civil law courts and the major arbitral seats, including London, Paris, Geneva, Stockholm, Singapore, Hong Kong and New York. Enforcement work often runs across several jurisdictions at once, which we expect and price for.
Who controls settlement?
You do. We do not conduct the case and we do not instruct your lawyers. We ask to be consulted before a settlement is accepted, because it affects what we are paid, but the decision is yours.
Can we keep our existing counsel?
Yes. You continue with the firm you have chosen. If you have not instructed anyone yet, we can name firms with a track record in the relevant field and forum; the retainer is yours to sign.
How is confidential material handled?
Documents are used solely for the assessment and are returned or destroyed if we decline. We will sign a non-disclosure agreement before anything is sent.
Do you give legal advice?
No. ELKAKU & CO LIMITED is a funder, not a law firm. We assess disputes commercially. Legal advice comes from your counsel.
Contact
Write to us
The facts, the amount claimed, the forum and the stage reached. That is enough for a first view.
info@elkakuco.com