In its brief on Friday, Burford argued that the Financialright Claims’ discovery requests “focus heavily” on their funding agreement. These requests ask Burford to turn over the source of the funding that was used for the German truck litigation and to identify individuals who were responsible for negotiating the funding agreement, among other things.
“Both the first-order dispute over [Financialright Claims]’ application and the second-order dispute over arbitrability are subject to arbitration, because [Financialright Claims] agreed to arbitrate ‘(to the exclusion of any other forum)’ ‘any dispute’ relating to the [funding agreement], including disputes over gateway questions of arbitrability,” Burford argued.
Hausfeld Germany represented Financialright Claims in litigation filed in Germany against members of a truck manufacturers cartel who were targeted by the European Commission for illegally fixing prices of medium and heavy trucks across Europe between 1997 and 2011. Financialright Claims is pursuing the litigation on behalf of thousands of consumers who signed over their claims to the company.
