Marks, gates and margin calls: litigation risk in private credit

Private credit has grown to a multi‑trillion‑dollar market at the heart of global finance. As tariffs, geopolitical instability and AI disruption put borrowers under strain, structural features of private credit – opaque valuations, leverage, conditional liquidity and complex fee/conflict dynamics – are being tested in real time. For disputes professionals, this is where things get interesting.

This session will:

• Demystify how private credit actually works, using concrete examples (BDCs, interval funds, CLOs, ELTIFs, continuation vehicles, PIKs and leverage).

• Explore where and how disputes are likely to emerge: valuation misstatements, gating and redemption disputes, suitability and mis selling claims, fiduciary duty challenges around continuation vehicles and related party transfers, collateral and covenant issues, and cross border regulatory angles.

• Examine the role of experts in these cases, from reconstructing “shadow” default rates and testing NAVs against market evidence, to analysing governance issues, conflicts and timing/knowledge around stale valuations.

• Unpack why the next 12–18 months may mark the start of a full disputes cycle.

Our panellists will combine technical market insight with contentious experience to equip disputes practitioners to navigate – and litigate – the coming wave of private credit claims.

If you are a disputes practitioner handling FS litigation, enforcement, restructuring, or contentious valuation issues, this is a conversation you cannot afford to miss.

Please note, breakfast will be provided from 0900, and the session will run from 0930 – 1030.