Arbitration funding continues to gain traction as a strategic tool in international post-M&A disputes

During OPEN de Arbitraje 2026, industry experts analysed the growing role of Third Party Funding as a key tool for addressing the financial and strategic challenges of international arbitrations arising from M&A transactions.

The session, titled “W&I Insurance and Litigation Funding in M&A Arbitrations”, featured Cristina Soler, CEO of Ramco Litigation Funding; Emma Morales, partner in the Arbitration department at Simmons & Simmons; Roger Rubio, partner at Rubio Arbitraje and President of AmCham Peru; and Juan Francisco Nasser, partner at HKA. The discussion was moderated by Miguel Relaño, managing partner at Clyde & Co.

One of the key topics discussed was how Third Party Funding is becoming an increasingly established alternative for externalising risk and managing the high costs associated with complex international arbitrations, particularly in post-M&A disputes.

Miguel Relaño highlighted how the growing sophistication of corporate transactions and the involvement of third-party funders have transformed this type of arbitration, while Roger Rubio emphasised that arbitration has become the natural forum for resolving disputes arising from M&A transactions.

Emma Morales addressed the challenges related to damage quantification, one of the most sensitive aspects of these proceedings, while Juan Francisco Nasser stressed the increasingly important role of economic expert evidence in post-M&A arbitrations.

Cristina Soler explained that arbitration funding enables companies to transfer part of the financial risk of proceedings while gaining access to specialised financial support. She also noted that funders contribute not only capital, but also strategic expertise in complex and long-running arbitrations.

The session underscored how litigation and arbitration funding is becoming an increasingly important tool within the international arbitration ecosystem, particularly in the context of increasingly sophisticated and costly corporate disputes.