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While many companies have yet to discover the benefits of “off balance sheet” litigation funding arrangements, others are beginning to embrace them, particularly in jurisdictions such as the United Kingdom where cost-shifting occurs between the parties. General counsel have long sought the objective of knowing “what you are in for” in dispute work, but hitherto they have not often successfully achieved it. The lack of predictability in keeping to a budget in litigation or arbitration can be attributed to a number of factors, including:

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