"After consultation and negotiations with various potential funders, the Board has elected to proceed to a phase of exclusive due diligence with Locke until, at latest, 31 March 2024"
Various potential funders ? Funders that declined?
"In the event that the Term Sheet is terminated by Locke on the basis of due diligence, or the formal agreement is not executed by 31 March 2024 AVZ must pay Locke’s reasonable costs in relation to the Transaction capped at US$200,000"
So its a little more complicated than just % win. Burford from recollection doesn't fund even if you are 100% going to win, if the counterparty is poor as fuck, or in a jurisdiction which is hard to enforce, period, herp derp DRC.
I think most of the tier one funders are like that - its like a credit score, if your case is against the DRC, you have a shit rating, unless someone with tangible assets like Zijin is actually 100% in the fray (they aren;t currently but likely will be). So the more niche funders like Locke who are open to taking these risks are viable.
Funders that touch the DRC are pretty scarce, and obviously the first round of DD is going to say this is a dispute against the DRC, so if Locke is okay with it, or sees the potential it is a positive.
Burford also has a DD breakfee, in case clients withhold critical information, its north of 200,000 as standard, but they also have a fucking high % recoup track record so...