Burford Capital is urging a Delaware court to force a German entity to arbitrate their dispute stemming from a funding agreement for litigation against truck manufacturers that were targeted by European regulators for fixing their prices for more than a decade in the early 2000s.
Alongside German Litigation Solutions LLC, an entity owned by the law firm Hausfeld LLP, Burford Capital and Burford German Funding LLC filed a brief with the court on Friday arguing that litigation initiated by Financialright Claims GmbH must be arbitrated in London under a clause in their funding agreement.
Financialright Claims filed the litigation late last year, asking the court for permission to subpoena Burford, Burford German Funding, and German Litigation Solutions for information to be used in pending litigation filed in Germany. Burford German Funding is jointly owned by Burford and German Litigation Solutions.
The precise nature of the underlying dispute isn’t clear from the partially redacted filings in the present suit, but Financialright Claims told the Delaware court that it’s seeking information regarding the companies’ ownership and corporate structures and Burford’s relationship with Hausfeld.