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Mr. Binh submits that King & Spalding breached its fiduciary duty, acted negligently, and/or committed fraud
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Mr. Binh claims that King & Spalding colluded with Burford to secure overpayment through a shared success fee, and refused to share files with new counsel
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In a further alternative, King & Spalding submits that the dispute is arbitrable, due to the arbitration clause’s plain wording, the doctrine of estoppel and the fact that Burford is a necessary third party
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Alternatively, counsel asks for an order that arbitrability questions be decided by the arbitration tribunal
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Defendants submit that court should compel arbitration on the basis of the New York Convention
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Defendants emphasize that third-party funding agreement contains broadly-worded arbitration clause
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Investor files legal malpractice claim against his counsel, alleging collusion with third-party funder; amended petition adds allegation that counsel failed to produce certain quantum evidence in the arbitration
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