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This is the case particularly in an environment of rising interest rates, where there is a growing number of Australian companies who will likely need, or for strategic reasons choose, to access external funding to finance these disputes when they arise, as any legal disputes in this area are generally sizeable in nature.
According to Fremuth-Wolf, her internal statistics for the CEE region, including Austria, show that in the past seven years, state litigations form 40% of the funding requests received that they finance, followed by investment arbitrations (35%), commercial arbitrations (20%), and finally class actions (5%).
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