RE: The ICSID Claim / a Quantum Expert14 Feb 2025 07:20
Sloppy, that math you detailed below, or the thumbrule of 5 % is the base for many, among them my strategy with these cases.
As a start, look for whether there is a lit fin company (for their dd, and own stake and risk taking, track record, secondly for lessem the risk of delution for legal expemses) obviously the law firms reputation and track record , if the arbitrators or the chair are known, the jurisdiction is decided and favourable (after ruling annulment procedures probability will be lower, it is always low but may have a risk of not fair decision), etc. Examine what else activity or assets the company has (pot dilution for other purpose than the arbitration, has debts, or opposed to that has valuable assets can free capital or used to finance operation),
And then if you see that the mc vs claim is well under 5 %, then there must be some potential the minimum.
So go rel. big into this first phase (if possible not at one story but as a portfolio, selecting more than one, then derisk and pull out some or the whole initial invested capital at risk when reach the 5 % or 5-10 %. Then let some or the most or any in , till final ruling (maybe for 2-3 years, for potential additional 3-5-10-(20) bagging.
What could go wrong? :-)
Thats seem to be a better strategy for the long term, then waiting for the final ruling in one favourite case (as it could tale years, and the final is always binary...) and for the latter, also.better then starting close.to the endgame, as there you can loose everything even its regarded as a slam dunk (GBU)...
And of course after the early phase there is always a chance of early settlements.
(For me these sort of plays are currently ZEN, PAT, SVB, ETM, EQX, and now EML.
There are specialties.of course. In PAT all boxes are ok, even the chair is known (the same scholar who ruled for Rusoro close to 1 bn back in 2016), but there the SOC hasnt yet been submitted, will be till early may, the latest, so only expectations are for the sum of the claim (should be at least 1 bn).
Zen has already won one smaller case out of many, is closer to its hearings and final rulings, and rumour of early settlements were live and made the case really hot recently.
ETM, the legal procedure is only slowly progressing, but the huge (11bn) claim is more of a tool then the aim, they want they permissions back in Greenland, and after next month elections, they do have a chance for it.
I have found SVB recently, they have 4-500m claim (against Mexico), market cap is less then 10m, hearing in october, ruling next year.
Etc.