It sounds like a simple question and it ought to be simple to differentiate between a funding provider and a funding broker, but unfortunately some businesses seek to promote themselves as a provider of litigation funding or arbitration funding when in fact they do not have access to capital and instead seek to act as a limited broker to certain funding companies of investment groups.

Arbitration Funding Brokers

Our position is clear; we are independent advisors and brokers of litigation and arbitration funding. That means we are engaged by our clients to source multiple competitive offers of arbitration funding from the market. We access a wide range of litigation and arbitration funding companies which have demonstrated the ability to access capital. Crucially, we are agent for the client, not the funding market. Our duty to the client is similar to that of the client’s own lawyer; in other words, we both seek to do the very best we can for the client. This cannot be said of quasi brokers or indeed direct funding providers looking to promote just a limited number of products

Be mindful of companies holding themselves out to be providers of funding, when in fact they are really acting as broker with access to very limited markets. They have, we would argue, potentially conflicting duties and can waste valuable time and, at the extreme end, prejudice the client’s ability to secure arbitration funding from credible providers in the future.

Trust and confidence is crucial to the development of the funding marketplace. TheJudge has been exclusively broking and advising on litigation funding and arbitration for more than 12 years. You should expect transparency in who you’re dealing with, where their duties lay and who they may be subsequently liaising with.