Disputes and funding glossary

An arbitration run under rules the parties choose themselves, often the UNCITRAL Rules, with no institution administering it. The tribunal and the parties manage the procedure and the fees directly.

Legal costs that a party is ordered to pay to an opponent. Who pays, how much and when depend on the court or tribunal and the applicable rules.

Insurance taken out after a dispute arises to cover specified costs if the case is unsuccessful. Cover may include an opponent’s costs or certain expenses, subject to the policy’s limits, exclusions and premium terms.

What a funder sees on JusFund before any NDA: the dispute, sector, seat, institution, evidence position, key risks and economics, written from the checked report with party names replaced by role labels and reviewed by a second AI model for anything that could identify the parties.

An agreement to resolve disputes through arbitration, often included as a clause in a contract. It may specify the seat, rules and method of appointing arbitrators.

Funding from a third party to meet agreed costs of an arbitration in return for a payment from any recovery. The funding agreement determines the costs covered and the funder’s return.

On JusFund, a written analysis of an arbitration claim using the submitted documents and researched public sources. AI explains the findings, versioned code calculates the scores and a second AI model checks the report. It supports review; it is not legal advice or a prediction of the result.

A decision made by an arbitral tribunal. An award may resolve some or all of the issues in an arbitration; collecting money awarded can require separate enforcement steps.

JusFund’s A–E classification of an assessed claim under its scoring framework. Read it alongside the underlying reasons, gaps and other report outputs, rather than as a rating of the chance of winning.

The estimated costs of pursuing or defending a dispute, such as lawyers, experts, court or arbitration fees and insurance. A funding budget should make clear which stages and expenses it covers.

Historic doctrines restricting outside support for another person’s litigation; champerty involves support in exchange for a share of the proceeds. Their relevance to modern funding depends on the jurisdiction and the arrangement.

The party bringing a claim in court or arbitration. A claimant seeking capital to pursue the case may also be called a fund seeker.

A JusFund report’s indication of the completeness and support behind its assessment, expressed as High, Medium or Low. It is not a guarantee that the findings are correct.

A review of relationships or interests that could affect someone’s ability to act independently in a dispute. Funders, lawyers and arbitrators may need to carry out different checks.

A claim brought against the claimant within the same proceedings. It can affect the amount ultimately recoverable as well as the costs and risks of pursuing the original claim.

Money claimed or awarded as compensation for a legally recognised loss or wrong. The available measure and the evidence needed depend on the claim and applicable law.

The JusFund workspace for verified professional funders. Cases arrive as structured cards, are matched against the funder’s mandate, and stay anonymised until an NDA is active.

The party against whom a claim is brought in court. In arbitration, the equivalent party is usually called the respondent.

The investigation a funder carries out before committing capital, including the merits, evidence, budget, legal team and prospects of recovery. A JusFund assessment can support that work but does not replace it.

The process of identifying or providing documents in legal proceedings. What must be shared depends on the applicable rules and orders. In arbitration, this is often called document production.

Informing a court, tribunal or other party about a funding arrangement. Whether disclosure is required, and what must be disclosed, depends on the applicable law, rules and orders.

Legal steps to give effect to a judgment or arbitral award, including seeking payment against available assets. Recognition of a decision and successful collection are separate questions.

The numerical percentage produced by JusFund’s assessment framework. It summarises the framework’s findings; it is not a statistically calibrated probability of winning.

The documents and other evidence available for review. Gaps, conflicting material and evidence held by another party can limit what an assessment can conclude.

External or strategic circumstances that can affect a claim, such as sanctions, political risk, parallel proceedings and settlement dynamics. JusFund considers these within its eighth assessment area.

The first JusFund assessment is free, with one free case per account. Re-runs of that case after adding material are included. The current online assessment is designed for arbitration claims.

A party seeking funding for a dispute, or a firm acting on that party’s behalf. JusFund focuses on arbitration and also welcomes litigation funding enquiries.

A person or organisation providing capital for agreed dispute costs in return for a contractual payment from recovery. Access to JusFund’s Deal Desk is for verified professional funders.

The contract setting out the funder’s financial commitment, its return, the parties’ obligations and what happens if the case fails or funding ends. Also called a litigation funding agreement (LFA). JusFund is not a party to that contract.

The law that decides the substance of the dispute, chosen in the contract or determined by conflict rules. Distinct from the law of the seat and from the law of the arbitration agreement, which can each be different.

A list of further documents or facts needed to address gaps in an assessment. New material may strengthen or weaken the findings, or leave them unchanged.

An organisation that administers arbitration under its rules, such as the ICC, LCIA or SIAC. Its responsibilities vary by institution; the arbitrators decide the dispute.

Arbitration in which an investor brings a claim against a state under an investment treaty. Access depends on the treaty’s protections, consent to arbitration and jurisdictional requirements.

A court’s decision on a case or an issue within it. A judgment requiring payment does not itself guarantee collection; further enforcement steps may be needed.

The legal authority of a court or tribunal to decide a dispute. In arbitration, this includes questions about consent, the scope of the arbitration agreement and the parties it covers.

Know your business: checks on an organisation, its ownership and the people authorised to act for it. On JusFund, business verification is part of professional funder onboarding.

Know your customer and anti-money-laundering checks. These concern identity and financial crime risks, rather than the legal merits of a claim. Checks may need to be updated.

The arbitration law of the place where an arbitration is legally based, also called the lex arbitri. It provides the framework for court supervision and challenges to awards, distinct from the law governing the underlying claim.

A legal time limit for bringing a claim. The applicable period, when it starts and any exceptions depend on the law and circumstances. Contractual notice requirements or time bars can raise separate issues.

A party involved in court proceedings, whether bringing or defending the case.

The process of resolving a dispute through the courts. It can include interim applications, a trial and appeals; a case may settle before a final judgment.

Third-party capital to meet agreed costs of a court claim in return for a contractual payment from recovery. JusFund welcomes litigation funding enquiries; its current online assessment is designed for arbitration.

A funder’s investment criteria, such as dispute type, jurisdiction, funding amount and case stage. JusFund uses mandate preferences to help funders identify relevant cases.

The legal and factual strength of a claim and the defences to it. Strong merits alone do not establish that a case is economical to fund or that a successful result can be collected.

A way of expressing a funder’s payment as a number of times its invested capital. The contract should specify whether that figure includes repayment of the original capital and how it interacts with other return terms.

A non-disclosure agreement: a contract limiting how confidential information may be used or shared. JusFund uses an NDA and the fund seeker’s approval before giving a funder access to the full report. An NDA does not itself create legal privilege.

The 1958 treaty on recognising arbitration agreements and recognising and enforcing foreign arbitral awards. It provides a framework for enforcement in contracting states, subject to its conditions and grounds for refusal.

Funding repayable from the case’s recovery rather than an ordinary obligation to repay if the claim fails. The agreement may contain exceptions, and other liabilities such as adverse costs are not automatically covered.

A funding arrangement covering several claims rather than a single case. Capital and returns may be structured across the portfolio, according to the agreement.

A legal protection that can prevent certain confidential advice or litigation communications from having to be disclosed. Its scope varies by jurisdiction. Sharing material can affect that protection; an NDA alone does not settle the question.

A direction by a court or arbitral tribunal about how proceedings will run, for example deadlines, document production or arrangements for a hearing.

The amount of money sought or assessed in a claim. The calculation needs a legal basis and supporting evidence; the amount claimed can differ from the amount awarded or recovered.

The spread shown around a JusFund estimate to communicate uncertainty within its framework. It is not a statistically validated confidence interval.

The practical prospect of collecting money due under a judgment, award or settlement. Available assets, insolvency, enforcement rules and immunity can matter even where the underlying claim is strong.

The party responding to an arbitration claim, application or appeal. In many court claims, the party defending the original claim is called the defendant.

A structured list of identified risks, their significance and possible responses. In an assessment, it helps the reader see which issues need closer investigation.

The legal place of an arbitration, which connects it to an arbitration law and supervising courts. It may be agreed by the parties or determined under the applicable procedure. Hearings can take place elsewhere.

A second AI model’s review of an assessment for issues such as unsupported reasoning, inconsistent findings and citation problems. It forms part of JusFund’s checking process; it does not guarantee accuracy or replace professional review.

Money, a guarantee or other security ordered to protect a party’s ability to recover legal costs. The available forms of security and the grounds for ordering it depend on the court or tribunal and applicable rules.

A claim to reduce an amount owed by taking account of a debt or liability owed in the opposite direction. Whether set-off is available, and its effect, depend on the applicable law.

An agreement resolving all or part of a dispute without a final decision on those issues. It should specify the parties’ obligations, including any payment and how the proceedings will end.

Legal protections that may prevent proceedings against a state or enforcement against state assets. Immunity from being sued and immunity from enforcement are separate questions, with exceptions depending on the applicable law.

Written pleadings setting out each side’s case, including the facts, legal grounds and relief sought or opposed. Document names and requirements vary between courts and arbitration procedures.

In arbitration, the arbitrator or panel appointed to decide the dispute. The word can also refer to other bodies that decide legal cases, such as employment tribunals.

On JusFund, the commitment governing introductions: for 24 months, funding of the introduced case between those parties goes through the platform unless JusFund gives written consent otherwise. Agreed terms must be reported within 14 days. Discussions and diligence remain permitted.

The contractual order for distributing money recovered from a dispute, for example between the funded party, funder and lawyers. The agreement determines the priorities and amounts; there is no universal order.