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Greenlake Legal advised a special opportunities fund on the structuring of the sale and purchase of arbitration claims

The seller of the arbitration claims, an Austrian-based group of companies, was seeking for a combined sale and financing.

The arbitration claims originated from disputes between subsidiaries of the seller, one in the USA, one in Austria and another one (potentially) in Switzerland.

Besides evaluating the merits of the claims, we worked out a structure that catered, inter alia, for the legal and beneficial transfer of the claims to the purchaser while keeping confidentiality and respecting existing contingency fee and other agreements in relation to the claims.

We developed a bankruptcy remote transfer of the claims, including suitable jurisdiction for the purchasing entity and its legal form.

The transaction involved legal advice for Austria, the USA and Switzerland.

Transaction size: EUR 50,000,000 – EUR 100,000,000

Michael Raninger and Erik Hoedl led this transaction, together with Martin Aigner.