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Community Spotlight: Kishore Jaichandani, Founder and Managing Director, CAVEAT CAPITAL

By John Freund |

Community Spotlight: Kishore Jaichandani, Founder and Managing Director, CAVEAT CAPITAL

Kishore Jaichandani is a founder and Managing Director of CAVEAT CAPITAL and an
expert in litigation funding and related advisory services globally. He has a unique
combination of financial and, legal acumen with having Bachelor of Law., Company
Secretary, MBA (Finance) and CIMA qualifications and have rich professional experience
working on these areas for more than 25 years.

He assists law firms, corporates, and individuals globally in obtaining non-recourse
financing for commercial litigation and arbitration cases. He is committed to creating value
for lawyers and, their clients to have access to the information and expertise they need
to negotiate fair funding agreements in the event of litigation in the competitive legal
market. His expertise includes developing financial solutions to help law firms and big
corporations to mitigate risk, and achieve their growth strategies, including using litigation
portfolios as collateral for off-balance sheet working capital, and monetizing litigation and
judgments.

Company Name and Description: CAVEAT CAPITAL arranges to provide litigation finance solutions
that address clients’ unique challenges. We manage entire litigation funding process, utilize our capital
sources and negotiate with various stakeholders for our clients. We arrange to meet
clients’ litigation costs to provide a better solution for P&L, working capital support, and
budgets to optimize recovery efforts to transform the legal cost from cost center to value
generator.

CAVEAT CAPITAL assesses the feasibility and options for obtaining legal finance /
litigation or arbitration funding. We are highly skilled and experienced in providing clients
with honest and reliable assessments of the funding opportunities of each case.

Company Website: www.caveat-capital.com

Year Founded:  2022

Headquarters:  Dubai, UAE

Area of Focus: Litigation Funding / Legal Finance / Third Party Funding 

Member Quote: “Transform your legal costs into Value Generation”

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John Freund

John Freund

Commercial

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Third‑Party Litigation Funding Gains Ground in Environmental Cases

By John Freund |

Environmental suits, increasingly seen as tools to hold governments and corporations accountable for ecosystem destruction and climate risk, often stall or never get filed because of steep costs and limited budgets.

An article in Nature highlights the U.S. commercial TPLF market as managing over US $12.4 billion in assets, showcasing the potential scale of the model for environmental justice. The core argument is that by providing funding to plaintiffs who otherwise could not afford the fight, TPLF can enable lawsuits that address pollution, habitat loss and climate change liability — aligning with broader calls to broaden access to justice in sustainability law. At the same time, the author cautions that TPLF carries risks: it may bring conflicts of interest, shift control of litigation away from claimants, or impose commercial pressures that are misaligned with public-interest goals.

For the legal funding industry this correspondence underscores important dimensions. It signals an expanding frontier: environmental litigation is becoming a viable sector for funders, not just mass-torts or commercial disputes. But it also raises governance questions: funders will need to establish best practices to ensure alignment with public interest, preserve claimant autonomy and guard against criticisms of “outsourcing” justice to commercial actors.

The article suggests that regulators, funders and civil-society actors should collaborate to craft transparent frameworks and guardrails if TPLF is to fulfill its promise in environmental realms.

How Litigation Funding Evens the IP Playing Field

By John Freund |

Third-party litigation funding (TPLF) is becoming increasingly important for small firms, inventors and universities seeking to enforce intellectual-property rights against major corporations.

According to an article in Bloomberg, funding arrangements enable plaintiffs with viable claims—but limited resources—to access litigation and expert fees that would otherwise be prohibitive. In the complex IP space, cost and risk often preclude smaller rights holders from doing anything meaningful when a financially strong infringer acts. In effect, the commentary argues, litigation finance helps tilt the playing field back toward fairness and innovation rather than letting size alone determine outcomes.

The piece also observes that public debate has at times mis-characterised litigation funding—especially after efforts to tax funder returns—which it says “shined a spotlight on the solution” rather than creating the problem. The authors stress that the proper policy response is not punitive taxation or sweeping disclosure mandates that risk chilling investment. Instead, they advocate for targeted transparency under court supervision, combined with a recognition that accessible funding is a core part of ensuring just enforcement of IP rights.

For the legal-funding industry, the commentary underlines several take-aways: funders who back IP-rights holders serve a social as well as economic role, helping inventors and smaller entities access justice they could not otherwise afford. The industry should engage proactively in outreach: educating IP counsel and claim-holders about funding, telling success stories of smaller plaintiffs, and working with policymakers and legislators to shape rational regulation. The challenge remains to balance the benefits of funding with ethical, transparency and conflict-of-interest safeguards—as discussion in the broader TPLF context shows.

Chartered Institute of Arbitrators Issues First Guidance on Third-Party Funding in Arbitration

By John Freund |

The Chartered Institute of Arbitrators (CIArb) has issued its first-ever Guideline on Third-Party Funding in arbitration, offering comprehensive direction on how parties, counsel, tribunals, and funders should navigate funded disputes. This milestone guidance is aimed at promoting transparency, consistency, and effective case management in arbitration where third-party funding plays a role.

The guideline addresses two primary areas. First, it outlines the third-party funding process, explaining funding structures, pricing models, and key provisions typically found in funding agreements. It provides a practical overview of the benefits and potential pitfalls of using funding in arbitration proceedings. Second, it tackles arbitration-specific case management issues, such as how funder involvement—though often portrayed as passive—can influence strategic decisions, including arbitrator selection, settlement discussions, and procedural posture. The guideline stresses the need to clearly delineate the scope of the funder's control or influence in any agreement.

CIArb also emphasizes the importance of early disclosure. The existence of funding and the identity of the funder should be revealed at the outset to avoid conflicts of interest and challenges to tribunal impartiality. On confidentiality, the guidance urges parties to reconcile the typically private nature of arbitration with the disclosure obligations inherent in funded cases.

Additionally, the guideline explores three critical cost issues: whether funders may cover arbitrator deposits, the increasing prevalence of security for costs orders targeting funders, and the evolving question of whether tribunals should allow recovery of funding costs.