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2016 Judgment Enforcement Survey

Research reveals lost value of unenforced litigation and arbitration judgments

Burford’s 2016 Judgment Enforcement Survey reveals the troubling scale of damages and awards left unpaid by litigation and arbitration judgment evaders—a problem cumulatively worth billions in lost value to companies worldwide.

The research focuses on the extent of the enforcement problem, the legal processes and investigatory methods available and how litigation finance can be used to fund enforcement.

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Highlights include:

Enforcement of litigation judgments and arbitration awards remains a significant challenge:

  • 86 percent of private practice lawyers have clients who in the last five years have not been paid the full value of a successful litigation for arbitration judgment or award
  • Almost one in five lawyers (19 percent) said their clients’ unenforced judgments were worth between $10 and $50 million
  • 14 percent of lawyers said their clients’ unenforced judgments were worth more than $50 million
  • 58 percent of corporate executives confirmed that their companies had not been paid the full value of litigation and arbitration judgments in the past five years
  • 62 percent said the prime reason judgments or awards could not be satisfied was because debtors’ assets were hidden offshore