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Litigation Funding in the UAE: WinJustice Leading the Way

By Obaid Saeed Bin Mes’har |

Litigation Funding in the UAE: WinJustice Leading the Way

The following was contributed by Obaid Saeed Bin Mes’har, Managing Director of WinJustice.

WinJustice is the first litigation funding firm in the UAE, empowering businesses and individuals to access justice without financial strain. The UAE’s unique legal landscape, divided into onshore and offshore jurisdictions, offers a dynamic environment for litigation funding. As a trailblazer in this space, WinJustice is committed to making justice accessible and affordable for all.


Understanding the UAE’s Legal Landscape

Onshore Jurisdictions

In the UAE’s onshore courts, the legal framework is based on federal laws and elements of Sharia law. While there are no explicit rules prohibiting litigation funding, the absence of clear regulations requires careful navigation. Key considerations include:

  • Principles of Good Faith: Parties must ensure that funding agreements align with the core principles of UAE law and avoid speculative transactions (Gharar).
  • Sharia Compliance: Agreements must balance financial interests with the broader public good (Maslaha), enabling parties to pursue valid claims ethically.

Offshore Jurisdictions

Offshore jurisdictions, including the Dubai International Financial Centre (DIFC) and Abu Dhabi Global Market (ADGM), offer a more structured environment for litigation funding. These jurisdictions follow common law principles and have implemented specific guidelines:

  • DIFC Practice Direction No. 2 of 2017: Requires disclosure of funding agreements to promote transparency and grants courts the authority to impose cost orders on funders.
  • ADGM Funding Rules 2019: Ensures that funded parties receive independent legal advice and fosters ethical practices in third-party funding.

WinJustice operates across both onshore and offshore jurisdictions, leveraging its expertise to guide clients through the complexities of litigation funding in the UAE.


How Litigation Funding Benefits UAE Businesses

Litigation funding provides a lifeline for businesses facing high-stakes legal disputes, particularly in sectors like construction, real estate, and finance. Key benefits include:

  1. Access to Justice: Enables businesses to pursue claims without worrying about upfront legal costs.
  2. Risk Mitigation: Shifts the financial burden to the funder, allowing clients to focus on their core operations.
  3. Leveling the Playing Field: Empowers smaller businesses to compete with larger opponents in complex disputes.

The Role of Arbitration in Litigation Funding

Arbitration is a preferred dispute resolution method in the UAE, governed by the Federal Arbitration Law No. 6 of 2018 and updated regulations in the DIFC and ADGM. Notably:

  • Both DIAC Arbitration Rules 2022 and arbitrateAD guidelines emphasize transparency by requiring disclosure of third-party funding agreements.
  • Arbitration proceedings offer a flexible and confidential framework, making them ideal for cases involving third-party funding.

WinJustice specializes in funding arbitration cases, ensuring our clients have the financial support needed to achieve favorable outcomes.


Why WinJustice is the Right Choice

As the pioneer in UAE litigation funding, WinJustice offers:

  • Expert Guidance: Decades of combined experience in navigating UAE’s legal systems.
  • Custom Solutions: Tailored funding arrangements to meet the unique needs of each client.
  • Ethical Standards: Commitment to transparency, fairness, and compliance with UAE regulations.

Whether you are pursuing a commercial dispute, arbitration claim, or high-value litigation, WinJustice provides the financial resources and expertise to secure justice.


Conclusion

Litigation funding is transforming the UAE’s legal landscape, and WinJustice is proud to lead this change. By bridging the gap between justice and affordability, we are enabling businesses and individuals to take control of their legal challenges with confidence.

Visit WinJustice to learn more.

About the author

Obaid Saeed Bin Mes’har

Obaid Saeed Bin Mes’har

Commercial

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UK Government Signals Funding Crackdown in Claims Sector Reform

By John Freund |

The UK government has signalled a renewed regulatory focus on the claims management and litigation funding sectors, as part of a broader effort to curb what it characterises as excessive or speculative claims activity. The move forms part of a wider review of the consumer redress and claims ecosystem, with third-party funding increasingly drawn into policy discussions around cost, transparency, and accountability.

An article in Solicitor News reports that ministers are examining whether litigation funding and related financial arrangements are contributing to an imbalance in the claims market, particularly in mass claims and collective redress actions. While litigation funding has historically operated outside the scope of formal regulation in England and Wales, policymakers are now considering whether additional oversight is required to protect consumers and defendants alike. This includes potential scrutiny of funding agreements, funder returns, and the role of intermediaries operating between claimants, law firms, and capital providers.

The renewed attention comes amid political pressure to rein in what critics describe as a growing “claims culture,” with the government keen to demonstrate action ahead of future legislative reforms. Industry stakeholders have cautioned, however, that overly restrictive measures could limit access to justice, particularly in complex or high-cost litigation where claimants would otherwise be unable to pursue meritorious claims. Litigation funders have long argued that their capital plays a stabilising role by absorbing risk and enabling legal representation in cases involving significant power imbalances.

While no formal proposals have yet been published, the article suggests that funding models linked to claims management companies may face particular scrutiny, especially where aggressive marketing or fee structures are perceived to undermine consumer interests. Any regulatory changes would likely build on existing reforms affecting claims management firms and contingency-style legal services.

Litigation Lending Funds Woolworths Shareholder Class Action

By John Freund |

Litigation Lending Services Limited has agreed to fund a large-scale shareholder class action against Woolworths Group Ltd, adding another high-profile Australian securities claim to the growing docket of funded investor litigation. The proceeding has been filed in the Federal Court of Australia by Dutton Law and focuses on Woolworths’ alleged failure to properly disclose the financial impact of widespread employee underpayments over a lengthy period.

Litigation Lending's website notes that the claim covers shareholders who acquired Woolworths shares between 26 February 2010 and 8 September 2025. It alleges that Woolworths did not adequately record and account for employee entitlements owed to salaried staff, resulting in financial statements that understated expenses and overstated profits. According to the pleadings, these accounting issues had the effect of artificially inflating Woolworths’ share price, causing losses to investors once the extent of the underpayments began to emerge through company disclosures.

Woolworths has previously acknowledged underpayment issues across its workforce, announcing remediation programs and provisions running into the hundreds of millions of dollars. The class action contends that the company’s disclosures came too late and failed to provide the market with an accurate picture of its true financial position during the relevant period. Investors who purchased shares while the alleged misstatements were in place are now seeking compensation for losses suffered when the share price adjusted.

Participation in the class action is open to eligible shareholders on a no-cost basis, with Litigation Lending covering the legal costs of running the claim. Any funding commission or reimbursement payable to the funder would be subject to approval by the court, consistent with Australia’s regulatory framework for funded class actions.

Federal Legislation Targeting Foreign Litigation Funders Raises Industry Alarm

By John Freund |

A new federal bill seeking to restrict foreign investment in U.S. litigation is drawing sharp criticism from international litigation funders who warn the measure could significantly disrupt the industry. The legislation, introduced by Rep. Ben Cline (R-Va.), would prohibit sovereign wealth funds from backing U.S. lawsuits and impose disclosure requirements on overseas investors participating in American litigation.

According to Bloomberg Law, the proposed bill (H.R. 2675) has major implications for prominent funders including Burford Capital, Fortress Investment Group, Omni Bridgeway, Ares Management, and BlackRock. Susan Dunn of UK-based Harbour Litigation Funding characterized the current political climate as increasingly "anti-foreign," suggesting that international funders are now reassessing their U.S. growth strategies in light of the legislative push.

The bill advanced from the House Judiciary Committee with a 15-11 vote in favor of recommending it to the full House. Supporters of the legislation argue that foreign investment in U.S. litigation raises national security concerns and could allow hostile nations to influence American legal proceedings. Critics counter that the measure unfairly targets legitimate business practices and could reduce access to justice by limiting available capital for plaintiffs pursuing meritorious claims.

The legislation represents the latest effort in a years-long campaign by insurance industry groups and business organizations to increase regulation of third-party litigation funding. If enacted, the restrictions on foreign investment could reshape the competitive landscape of the U.S. litigation finance market, where international funders currently play a significant role.