Skip to content
Back to resources
Arbitration and litigation funding

Disputes and funding

Explore dispute areas, the claims they can involve and the documents to prepare. JusFund focuses on arbitration and also welcomes litigation funding enquiries.

Reviewed by Manuel Penadés Fons, Reader in International Commercial Law, King’s College London

Updated General information · not legal or financial advice
Where does your dispute fit?

Start with the subject of your dispute. The agreement, applicable law and remedy sought help determine whether it belongs in arbitration or court.

The examples below help you prepare for a funding discussion. Funding depends on the individual case and the funder’s criteria. JusFund provides the platform; independent funders provide capital.

Commercial contract

Disputes over the performance, payment or termination of a business agreement.

Examples of disputes

  • Unpaid goods or services
  • Supply and distribution failures
  • Disputed termination or licensing obligations

Documents to prepare

  • Signed agreement and amendments
  • Orders, invoices and delivery records
  • Notices and relevant correspondence

Check the forum. Check the contract’s arbitration or court-jurisdiction clause, the parties it covers and any steps required before proceedings.

Construction and infrastructure

Claims arising during the delivery of a building, engineering or infrastructure project.

Examples of disputes

  • Unpaid certificates and variations
  • Delay and disruption claims
  • Defects and completion disputes

Documents to prepare

  • Contract, variations and notices
  • Programmes and progress records
  • Payment certificates and expert reports

Check the forum. Identify any engineer, dispute-board or adjudication process, alongside the arbitration or court route. The applicable contract and law matter.

Energy and natural resources

Disputes involving oil and gas, power, mining, renewables and the agreements behind them.

Examples of disputes

  • Offtake and pricing disagreements
  • Joint operating disputes
  • Concession or project termination

Documents to prepare

  • Project agreements and licences
  • Production, delivery and pricing records
  • Notices, accounts and loss calculations

Check the forum. Distinguish a contract claim from an investment-protection claim. State involvement alone does not establish access to investment arbitration.

Commodities and international trade

Claims arising from the sale, delivery and payment of internationally traded goods.

Examples of disputes

  • Non-delivery or non-payment
  • Quality and quantity disputes
  • Disputed trade-finance obligations

Documents to prepare

  • Sale contracts and incorporated terms
  • Inspection and shipping records
  • Payment instruments and notices

Check the forum. Check for incorporated trade-association arbitration rules and their notice requirements, or a court-jurisdiction clause.

Technology and licensing

Disputes concerning software, intellectual property licensing, outsourcing and technology projects.

Examples of disputes

  • Unpaid royalties or disputed audits
  • Failed implementation or service levels
  • Licence scope and termination

Documents to prepare

  • Licences and statements of work
  • Acceptance tests and service records
  • Royalty schedules and correspondence

Check the forum. Identify which obligations and parties fall within the dispute clause. Statutory intellectual-property issues may require separate jurisdictional analysis.

Investment treaty

Claims concerning the treatment of a foreign investment under an applicable investment treaty.

Examples of disputes

  • Alleged expropriation
  • Alleged unfair treatment or discrimination
  • Measures affecting an investment

Documents to prepare

  • Treaty and investment records
  • Ownership and nationality evidence
  • Challenged measures and dispute notices

Check the forum. Check treaty coverage, consent, jurisdiction and any preconditions. ICSID arbitration has specific requirements; an investment dispute does not qualify automatically. ICSID jurisdiction requirements

Financial services

Claims involving lending, guarantees, financial products and investment-management agreements.

Examples of disputes

  • Loan and guarantee defaults
  • Derivatives and valuation disputes
  • Disputed management obligations

Documents to prepare

  • Facility and transaction agreements
  • Statements and valuation records
  • Guarantees, notices and correspondence

Check the forum. Review the dispute clauses across the relevant agreements, including guarantees. Court jurisdiction and any arbitration agreement may differ between documents.

Maritime and shipping

Disputes involving vessels, cargo, shipping contracts and marine insurance.

Examples of disputes

  • Charterparty and demurrage claims
  • Cargo loss or damage
  • Shipbuilding and vessel-sale disputes

Documents to prepare

  • Charterparties or sale contracts
  • Bills of lading, logs and surveys
  • Time calculations and payment records

Check the forum. Identify the contractual arbitration terms or court route. Any proposed action against a vessel or other assets needs jurisdiction-specific advice.

Corporate, shareholder and joint venture

Claims between investors, business partners, buyers and sellers of companies.

Examples of disputes

  • Warranty and indemnity claims
  • Earn-out and price-adjustment disputes
  • Shareholder or joint-venture disagreements

Documents to prepare

  • Shareholder, venture or sale agreements
  • Disclosure materials and accounts
  • Board records and relevant notices

Check the forum. Check the dispute clause and the remedy sought. Contractual claims and statutory company-law remedies may follow different routes.

Environmental

Disputes over environmental obligations, remediation costs and the effect of environmental measures.

Examples of disputes

  • Remediation and contamination liabilities
  • Environmental warranties in asset sales
  • Carbon or sustainability-linked contracts

Documents to prepare

  • Contracts, permits and warranties
  • Environmental reports and site records
  • Remediation estimates and loss evidence

Check the forum. Separate contractual claims from regulatory, public-law or treaty issues. The category alone does not determine the available court or arbitration route.

Public interest and human rights

Claims concerning alleged harm to individuals or communities and related contractual or legal duties.

Examples of disputes

  • Business-related human-rights harm
  • Community or land-use disputes
  • Breaches of agreed social obligations

Documents to prepare

  • Records of the alleged harm
  • Relevant agreements and commitments
  • Evidence of representation and remedies sought

Check the forum. Identify the legal basis, available forum and remedies first. Arbitration requires consent; a public-interest purpose does not by itself establish jurisdiction or funding suitability.

Tell us about your claim

Arbitration funding

Start with an assessment

Upload your arbitration documents for a written assessment. Your first assessment is free, and you review the findings before deciding whether to list your case.

Start your assessment
Litigation funding

Discuss a court claim

Litigation funding enquiries are welcome. Use our contact form to outline the dispute, jurisdiction and current stage so we can discuss the next step.

Enquire about litigation funding

Our online assessment currently follows an arbitration framework. For a court claim, or if your dispute does not fit these areas, get in touch. Start with a brief overview; the contact form is not for case documents.

Further reading