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Litigation Funding in the UAE: WinJustice Leading the Way

By Obaid Saeed Bin Mes’har |

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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Community Spotlights

Community Spotlight: Craig Allsopp, Joint Head of Class Actions, Shine Lawyers

By John Freund and 4 others |

Based in Sydney, Australia, Craig Allsopp is the Joint Head of Class Actions at Shine Lawyers. Craig has over two decades of experience in class actions and large-scale litigation in both the private and public sectors. His unwavering commitment to justice has left an indelible mark on Australia’s legal landscape, positioning him as a trailblazer in shareholder dispute resolutions. Craig’s distinguished career is studded with triumphs that have shaped legal precedent. In every case he sees through, Craig strives to obtain justice for thousands of people impacted by the misconduct of corporations, the big banks and other major financial service institutions, and Australian governments. In particular, Craig has worked on some of Australia’s highest profile shareholder and social justice class actions.

Craig's dedication to legal excellence and social justice is demonstrated by the profound impact he has on the legal landscape. He has set a standard for advocacy and achieving substantive change in the pursuit of fairness and accountability, particularly in corporate and government sectors.

Company Name and Description: Shine Lawyers is an Australian law firm specialising in personal injury compensation and class actions. As one of Australia’s leading class actions firms, Shine Lawyers passionately fights to obtain justice for those who have been wronged and suffered loss at the hands of institutions or corporations.  

Company Website: https://www.shine.com.au/ 

Year Founded: 1976

Headquarters: Brisbane, Queensland, Australia

Area of Focus: Class Actions

Member Quote: Third-party litigation funding has significantly improved access to justice in Australian class actions allowing individuals to pursue representative claims against corporations and governments for various alleged misconducts.

Case Developments Commercial

Westpac Announces A$130m Settlement for Flex Commissions Class Action

By Harry Moran and 4 others |

The Banking Royal Commission established by the Australian government uncovered a wide range of misconduct and failing by the country’s financial institutions, with a slew of litigation and class action claims being brought in the aftermath. Six years on from the commission’s final report, some of these class actions are only now reaching a conclusion.

An article in Reuters covers the news that the Westpac Group has agreed to settle a class action brought against it by car loan customers, over “flex commissions” paid to car dealers by Westpac and St George Finance. The provisional settlement, which is subject to court approval, is for A$130 million and would see the class action resolved without Westpac accepting any admission of liability.

The claim was brought by law firm Maurice Blackburn in 2020 on behalf of consumers who entered into a finance agreement for the purchase of a car issued under Westpac or St George’s credit licence, between 1 March 2013 to 31 October 2018. In its announcement, Westpac said that it has not paid these flex commissions to car dealers since 2018, and had ceased providing new lending through its dealer introduced auto finance business since 2022.

At the time of reporting, Maurice Blackburn had not yet issued a statement on the announced settlement.

The full announcement from Westpac Group can be read here. More information about the class action can be found on the Supreme Court of Victoria’s website.

Commercial People Moves

Omni Bridgeway Appoints David Breeney as Global Chief Financial Officer

By Harry Moran and 4 others |

An announcement from Omni Bridgeway confirms the appointment of David Breeney as Global Chief Financial Officer (GCFO), having officially taken over the role on 1 March 2025. The appointment sees Breeney move up from his previous position as Deputy CFO, having first joined Omni Bridgeway as Global Head of Financial Control in November 2023.

Prior to his time at Omni Bridgeway, Breeney spent 12 years at asset management firm Challenger Limited, where he served as Financial Controller for funds management and real estate. In the announcement, Omni Bridgeway said that “the background and experience of Mr. Breeney align well with the stated strategy of accelerated transition towards a fund and asset management model.”

The announcement also revealed that the departing GCFO, Guillaume Leger, will be leading the establishment of a capital formation team to coordinate fund capital raising activities of the group. After a period of three months in this role, Leger will be leaving the company and Omni Bridgeway will look to hire a permanent senior capital formation professional as a replacement.A separate announcement from Latitude Group Holdings confirms that Guillaume Leger will become the company’s new Chief Financial Officer on 16 June 2025.