Construction and energy disputes have become an unusually attractive vertical for litigation funders. Companies in the energy sector are reportedly 56% more likely than companies in other industries to spend more than $15 million on litigation or arbitration in a given year, and some funders expect construction and energy matters to make up at least 20% of their overall funding portfolio.
Funders routinely finance international arbitration, adjudication, and Technology and Construction Court litigation arising out of construction and energy contracts, as well as commercial claims and negotiations tied to live, ongoing projects, a distinguishing feature of this vertical, since most other litigation finance targets disputes over past conduct rather than active commercial relationships.
A 2026 industry survey found 84% of respondents expect third-party funding for energy-related disputes specifically to increase, reflecting both the scale of capital at stake in energy transition and infrastructure litigation and the increasing comfort of both claimants and their counsel with funded arbitration in these sectors.