Legal proceedings often involve significant financial risks for claimants. Particularly in high-stakes commercial disputes, large upfront costs, lengthy procedures, and complex legal issues may prevent legitimate claims from being pursued—not because they lack merit, but because the cost risk is too high. In such situations, third-party litigation funding in Switzerland can play a crucial role. This tool allows claimants to conduct litigation professionally and risk-free without straining their financial resources.

In recent years, litigation funding in Switzerland has become a serious alternative to traditional self-financing. Based on our experience working with various litigation finance providers, this article addresses the key questions surrounding third-party funding—practical and tailored to the needs of demanding legal mandates.

Who Are the Leading Litigation Funders in Switzerland and Globally?

The market for legal funding has grown significantly both in Switzerland and internationally. In Switzerland, Nivalion AG, based in Zurich, is a leading player in cross-border disputes, international arbitration, and complex commercial litigation. Other notable providers include Legial AG, a subsidiary of the ERGO Group, and FORIS AG, both experienced in civil litigation, including cases with smaller claim amounts.

Internationally, London is considered the leading hub for third-party litigation finance. Prominent global funders include Burford Capital, a publicly listed firm operating in London and New York, specializing in high-value commercial and investment disputes. Also based in London are Harbour Litigation Funding and Therium Capital Management, known for their international reach and focus on complex individual claims and class actions.

Omni Bridgeway, originally from Australia and now with a global presence including an office in Geneva, focuses on commercial disputes, arbitration, and insolvency cases. Other globally recognized names include Augusta Ventures, Woodsford Litigation Funding, and Delta Capital Partners, each offering tailored financing models depending on jurisdiction and case structure.

What Should Be Considered When Choosing Litigation Finance in Switzerland?

Successful collaboration with a funder requires meeting specific criteria. Central to this is the minimum claim value, typically between CHF 100,000 and CHF 500,000. The chances of success are also critical—many funders expect a realistic success rate of over 60%. Other important factors include the creditworthiness and enforceability against the opposing party, and a favorable cost-benefit ratio. Even though the funder covers all costs, the claimant should still stand to gain a meaningful net return.

What Are the Differences Between Litigation Funding Providers?

Providers differ mainly in their fee structures and risk profiles. Success fees range from 20% to 50% of the net proceeds. Minimum claim thresholds also vary widely. Some providers offer broader financing solutions, such as partial funding or portfolio financing for companies managing multiple claims. Others specialize in specific legal areas such as antitrust, investment protection, or international trade arbitration. Therefore, it’s worth conducting a detailed comparison—something we actively support our clients with.

What Is Reviewed During the Due Diligence Process?

Before approving funding, the funder conducts a comprehensive due diligence assessment. At the core is the legal analysis: assessing success chances, available evidence, and legal risks. Economic factors such as claim value, judgment enforceability, and estimated case duration are also evaluated. Strategic aspects like the possibility of settlement or the behavior of the opposing party play a role as well. A clear, credible case presentation and well-documented materials are essential. LINDEMANNLAW assists you from structured preparation to the due diligence process.

When Is Litigation Funding the Right Choice?

Litigation finance is not a one-size-fits-all solution, but it can be highly effective when a party holds strong legal claims but lacks the financial means or risk appetite to fund litigation. It is particularly suitable for complex and high-value commercial disputes, where significant upfront costs or long durations are expected. Even financially stable businesses may find it beneficial—for example, for strategic or balance-sheet reasons—to transfer litigation risk externally.

How Does Private Litigation Funding Work in Practice?

The process is structured: Our law firm presents the case to a suitable funder. A comprehensive review follows, including legal and economic analysis. If the funder deems the case viable, a litigation funding agreement is signed. The funder commits to covering all legal costs—including attorney fees, court fees, and potential cost reimbursements to the opposing party. In return, the funder receives a percentage of any financial recovery. If the case fails, the funder bears the entire financial loss.

LINDEMANNLAW – Your Partner for Litigation Funding in Switzerland

As a business law-focused firm with deep experience in working with top-tier litigation funding providers, LINDEMANNLAW offers end-to-end support—from assessing success prospects to negotiating the best funding terms. Whether you are a company, individual, or institution, we develop the right strategy for your case—competent, discreet, and results-oriented. We are happy to assess whether your case is suitable for litigation financing—confidentially, efficiently, and with foresight.

Contact us for an initial consultation.