Litigation Funding
Litigation Funding
Litigation funding enables parties to pursue meritorious claims without diverting operating cash. Funding is typically non‑recourse: the funder is repaid only from a successful recovery. On the Taswiyeh platform, funding complements ADR—supporting matters that must proceed to court or enforcement when settlement is not feasible.
How Funding Complements ADR
Continuity After Mediation
If mediation doesn’t conclude a settlement, funding lets strong claims continue without cash‑flow disruption.
Leverage in Negotiation
Committed capital improves negotiating posture by signalling readiness to proceed to judgment or enforcement.
Aligned Incentives
In non‑recourse models, the funder succeeds only when the client succeeds—keeping focus on outcomes.
Matters Typically Funded
Commercial Claims
Contractual disputes, shareholder conflicts, fraud, breach of warranty and business torts.
Construction & Infrastructure
Payment disputes, variations, delay/defect claims and expert‑heavy quantum matters.
Award & Judgment Enforcement
Cross‑border asset recovery, freezing orders and collection programs.
IP & Competition
Patent, trademark and antitrust damages actions with credible recovery paths.
Portfolio Facilities
Capital across multiple cases or law‑firm receivables for predictable growth.
Defence‑Side Structures
Tailored risk‑sharing aligned to measurable defence outcomes.
Eligibility & Indicative Terms
Typical Criteria
- Clear merits on liability and realistic, quantifiable damages.
- Recoverable opponent and credible enforcement pathway.
- Engaged counsel with relevant expertise and capacity.
- Jurisdiction and governing law suitable for enforcement.
- Proportional budget and timetable for the relief sought.
Funding Models
Non‑recourse advances for fees/disbursements, portfolio facilities, law‑firm working capital and enforcement finance. Economics are bespoke—typically a success multiple and/or percentage of proceeds, subject to applicable laws and professional rules.
Funding Process
1 Initial Screening
NDA; short case note; key pleadings/contract; preliminary budget.
2 Indicative Term Sheet
Commercial outline issued after a positive review of merits and recovery prospects.
3 Due Diligence
Merits, quantum and enforcement diligence with independent inputs where required.
4 Facility & Monitoring
Funding agreement executed; milestone draws; proportionate reporting without control over legal strategy.
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