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Litigation Insurance

Global

Structure follows the forum.

Costs rules, security requirements and enforcement routes differ by jurisdiction, and can shape which exposures dominate.

Forums in this section
EquatorUKUSEUAUSGHKME
Forum page Arbitral seat

Illustrative. Each marker opens that forum's page. Hollow squares are widely used arbitral seats; the seat can matter more than the parties' nationality.

Does litigation insurance work the same way in every country?

No. The forum's costs rules decide which exposures exist. Where the loser pays the winner's costs — England and Wales, Australia, Singapore, Hong Kong — adverse costs cover is central. Where each side generally bears its own costs, as in the United States, judgment and capital risk matter more. Security practice, funding rules and enforcement routes also differ by forum and by arbitral seat.

Forums

Costs rules by forum

ForumCosts ruleWhat tends to dominate
United Kingdom (England & Wales)Loser paysAdverse costs; security for costs
United StatesEach side generally pays its ownJudgment, appeal and capital risk
EuropeVaries; often statutory scalesDepends on the country
AustraliaLoser paysAdverse costs; security against funded claimants
SingaporeLoser paysArbitral security; enforcement
Hong KongLoser paysArbitral costs and security
Middle EastVaries by court and free zoneArbitration and enforcement
International arbitrationTribunal discretionSecurity, award challenge, enforcement

General orientation, not advice. Costs rules have exceptions.

Frequently asked

Which countries have loser-pays costs rules?

England and Wales, Australia, Singapore and Hong Kong generally apply costs-follow-the-event rules. Many European countries do too, though often on limited statutory scales.

Does the US have loser-pays rules?

Generally no. Under the American rule each side pays its own legal fees unless a contract, statute or rule says otherwise.

Can one insurance policy cover disputes in several countries?

Capital protection and portfolio policies can cover cases in several forums. ATE is usually arranged per case, following that forum's costs rules.

Does it matter where an arbitration is seated?

Yes. The seat decides which courts supervise the arbitration and hear any challenge to the award, which affects award and enforcement risk.

Is third-party litigation funding legal everywhere?

No. Some jurisdictions restrict funding of court litigation while permitting it in arbitration; rules differ and change, so check the forum's current position.

General information only. This page is not legal, financial, investment or insurance advice. Any insurance is subject to underwriting and to the terms of the policy wording issued.

Keep reading

Understand the exposure.

Technical analysis of litigation risk, how cover is underwritten and what drives cost — written for general counsel, funders, law firms and investors.

General information only. It is not advice and not an offer of insurance.