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Litigation Funding in the UAE: WinJustice Leading the Way

By Obaid Saeed Bin Mes’har |
December 9, 2024

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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Commercial

King’s Speech Omits PACCAR Fix, Funding Industry Voices “Deep Disappointment”

By John Freund |

The UK government's annual legislative agenda set out in the King's Speech this week made no mention of the long-promised litigation funding bill, leaving the industry's preferred reversal of the Supreme Court's 2023 PACCAR ruling unresolved. The omission comes despite a December commitment from ministers to legislate on PACCAR and introduce a new regulatory framework for funders, and it has drawn sharp rebukes from across the third-party funding sector.

As reported by Legal Futures, counsel and funders called the absence a setback for the competitiveness of England and Wales as a litigation hub. White & Case partner Robert Wheal said the government had "recognised that uncertainty caused by the PACCAR ruling risked undermining the competitiveness of England and Wales as a global hub for commercial litigation and arbitration," adding that it was "disappointing that time has not been found for the necessary legislation."

Jeremy Marshall, chief investment officer at Winward Litigation Finance, warned that the continuing ambiguity is eroding investor appetite. "Uncertainty is unhelpful for any investor and litigation funding is no different," he said, noting that the UK's premium standing in global legal services depends on credible funding rails for both consumer and commercial claims.

Trade bodies including the Association of Litigation Funders and the International Legal Finance Association voiced "deep disappointment" at the omission. The Ministry of Justice is reportedly waiting to attach the funding legislation to a suitable vehicle bill later in the parliamentary session.

Commercial

ITC Disclosure Proposal Would Force Litigation Funding Transparency in Section 337 Cases

By John Freund |

The U.S. International Trade Commission has proposed a rule that would require parties in Section 337 intellectual property investigations to disclose their litigation funding arrangements, including the identities of entities that hold financial interests in or exercise control over case strategy and settlement decisions. The stated objective is to surface potential conflicts of interest and bring greater clarity to a venue that has become a primary forum for patent enforcement against imports.

As reported by Winston & Strawn, partner Alexander Ott discussed the proposal with Law360 and framed the disclosure regime as a tool that supports the agency's statutory mandate. "The commission's goal is to defend U.S. domestic industry," Ott said, making it important for the ITC to know "all the parties with a financial stake."

Ott suggested that commissioners could use funding information to weigh exclusion-order remedies more carefully, evaluating "how their decision helps or hurts the domestic industry ultimately." The argument lands inside a broader U.S. policy debate over whether mandatory funding disclosure should be confined to specific dockets or extended across federal courts, an issue currently before the Advisory Committee on Civil Rules.

If adopted, the ITC rule would mark the first formal, agency-level disclosure mandate aimed squarely at funded patent cases, layering a transparency obligation that plaintiffs and funders have resisted in district court litigation. The proposal is expected to draw written comments from funders, the patent bar, and large importers before the commission finalizes any change.

Commercial

Burford Capital Shareholders Approve All AGM Resolutions, Back Dividend and Capital Authorities

By John Freund |

Burford Capital shareholders approved all 16 resolutions at the company's 2026 annual general meeting, ratifying the board's director slate, a final dividend, and a full suite of capital and share-issuance authorities. Roughly 70% of the company's outstanding shares were represented at the May 13 meeting, with every resolution clearing by a comfortable majority.

According to Burford's Form 8-K filing, shareholders re-elected all seven directors standing, with support ranging from 84.78% for John Sievwright to 96.90% for CEO Christopher Bogart. The board's $0.0625-per-share final dividend was approved with 96.73% support and is payable on June 12, 2026 to holders of record on May 22.

The advisory say-on-pay vote drew 72.92% backing, the lowest level of support among the governance items, while the reappointment of KPMG as auditor was nearly unanimous at 99.89%. Shareholders also authorized the board to issue ordinary shares for general corporate purposes (96.23%), conduct market repurchases (98.01%), and disapply pre-emption rights for both general share issuances (96.90%) and acquisitions (96.52%).

The vote arrives weeks after Burford's Q1 disclosures detailing a $2.4 billion YPF-related write-down and a strategic pivot toward a more diversified portfolio. Broad shareholder support for the capital framework gives management latitude to commit fresh capital, buy back stock, or finance acquisitions as it executes that repositioning.