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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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Red Lion Chambers Hires Former Harbour Director for Client Role

By John Freund |

Red Lion Chambers has taken a notable step in strengthening its engagement with litigation funders and commercial clients by appointing a former senior figure from the funding industry into a newly created client-facing role. The move reflects the increasingly close relationship between the UK Bar and third-party litigation finance, particularly in complex commercial and group actions where funding strategy and legal execution are closely intertwined.

An article in Global Legal Post reports that Red Lion Chambers has appointed James Hartley, formerly a director at Harbour Litigation Funding, as its first director of client relationships. In this newly established position, Hartley will be responsible for developing relationships with solicitors, funders, and other clients, as well as helping to align the chambers’ barristers with funded opportunities across commercial litigation, arbitration, and competition claims.

Hartley brings several years of experience from the funding side of the market, having worked at Harbour Litigation Funding where he was involved in evaluating claims, structuring funding arrangements, and working closely with law firms and counsel on strategy. His move to Red Lion Chambers underscores the value chambers are placing on individuals who understand both the legal and financial dynamics of funded disputes, as well as the commercial drivers behind claim selection and case management.

According to the report, Red Lion Chambers sees the appointment as part of a broader effort to modernise how barristers’ chambers engage with the market, particularly as clients and funders increasingly expect a more coordinated and commercially aware approach from counsel. The role is intended to complement, rather than replace, the traditional clerking function, with a specific focus on strategic relationships and long-term growth areas.

Longford Capital and Susman Godfrey Sued Over $32m Arbitration Award

By John Freund |

A new lawsuit has placed litigation funder Longford Capital Corp and prominent US trial firm Susman Godfrey LLP at the center of a high-stakes dispute over the ownership and allocation of arbitration proceeds, highlighting the growing complexity and occasional friction in funded litigation arrangements. The case stems from a roughly $32 million arbitration award tied to patent litigation recoveries and raises questions about the enforceability of funding agreements, arbitration clauses, and the definition of recoverable proceeds.

An article in Reuters reports that the lawsuit was filed in Texas state court by Arigna, an Ireland-based patent monetization company that previously worked with Susman Godfrey to pursue semiconductor-related patent claims. Arigna alleges that it was improperly forced into arbitration and that the resulting award in favor of Longford was tainted by arbitrator misconduct. According to the complaint, Arigna is seeking to have the arbitration award vacated and to recover approximately $5.5 million in settlement funds currently held in escrow.

The dispute traces back to a funding arrangement entered into after Arigna retained Susman Godfrey to pursue patent enforcement actions. Susman subsequently secured third-party litigation financing from Longford Capital. Tensions emerged over how Longford’s entitlement to proceeds should be calculated, particularly in relation to settlements involving multiple defendants and intellectual property assets that Arigna claims were outside the scope of the original funding deal. An earlier federal court battle over whether the dispute belonged in court or arbitration ultimately resulted in the matter being sent to arbitration, where the arbitrator ruled in Longford’s favor.

Now, Arigna argues that the arbitration should never have occurred and that Longford and Susman overreached in asserting rights to settlement proceeds. Longford has defended the award as valid and enforceable, while Susman Godfrey is also named as a defendant due to its role in structuring and executing the underlying legal and funding arrangements.

LitFin Backs €250m Antitrust Claims for Farmers

By John Freund |

LitFin, the Prague-headquartered litigation financier, has reached a major procedural milestone in one of Europe’s largest coordinated private antitrust actions, backing claims on behalf of more than 1,700 agricultural businesses harmed by a long-running pesticide cartel in Germany. In December 2025, damages claims approaching €250 million, including interest, were formally filed against wholesale distributors of plant protection products found to have engaged in unlawful price-fixing over nearly two decades.

LitFin reports that the claims are grounded in binding findings by Germany’s Federal Cartel Office, which determined that cartel conduct spanned from 1998 to 2015 and covered almost the entire market for plant protection products. That infringement resulted in administrative fines totaling approximately €157 million. Under German and EU competition law, such findings create a strong presumption that purchasers paid unlawful price surcharges during both the cartel period and its after-effects—forming the economic basis of the damages now being pursued by affected farmers.

The lawsuit has been filed by WAGNER LEGAL Rechtsanwälte PartG mbB, a Hamburg-based firm specializing in antitrust damages litigation, working in close coordination with the funder. According to LitFin, the claims are supported by a comprehensive economic analysis prepared by competition experts at Charles River Associates, quantifying the alleged overcharges suffered by claimants across the German agricultural sector.

For the agricultural businesses involved, the filing represents more than just a legal step forward. Without third-party funding, coordinating and prosecuting claims of this scale against well-resourced defendants would likely have been impractical. LitFin’s involvement enabled aggregation of claims, risk-sharing, and the deployment of specialist legal and economic expertise across a complex, multi-claimant proceeding.