What are claims against the State?
Claims against the State are formal complaints filed by individuals, companies, or other entities when they believe that a public authority at any of its levels (national, regional, or local) has violated their rights, failed to meet legal or contractual obligations, or caused harm.
At Loopa, we finance litigation and arbitration initiated against the State, its agencies, public companies, or decentralized entities.
This type of disputes usually arise when a public administration breaches contracts, expropriates assets, applies regulations arbitrarily, or causes significant economic harm to individuals or companies. These are processes that, although often with solid legal grounds, present a high technical complexity and tend to extend over years, requiring robust financial planning to effectively pursue them.
Claims against the State can take multiple forms:
- Claims for unfulfilled administrative contracts
- Rescinded concessions
- Paralyzed works
- Delayed payments
- Regulatory measures affecting investments
- Unjustified denial of licenses
- Failures in privatization or nationalization processes
- Confiscation of assets
And also actions for extra-contractual liability arising from illegitimate actions or omissions by the administration.
In many cases, these disputes not only affect a company's present, but also its future sustainability and reputation in the market.
Litigating against the State presents specific challenges. In addition to the prolonged duration of the processes, it is common to face dilatory procedural defenses, constantly changing regulatory frameworks, high evidentiary requirements, and sometimes obstacles to enforcing the judgment once obtained. These factors mean that many companies give up on claiming, even when the harm suffered is significant and the law supports them. In this context, having external financial support can be crucial to sustain the case over time and maintain the necessary legal pressure.
At Loopa, we finance these types of litigations, assuming the costs of the process and, when appropriate, advancing part of the estimated capital of the final outcome.
This not only allows litigation without compromising own resources but also to monetize the claim in advance, which is particularly valuable in prolonged processes. In most cases, the client does not have to repay anything if the case is unsuccessful, as our participation is structured based on the outcome. This dynamic turns financing into a risk management tool with an immediate impact on liquidity and financial predictability.
We evaluate high-value economic claims against national, provincial, municipal governments, or state entities. We also finance claims before international courts or specialized arbitration courts in State-investor disputes when the circumstances of the case justify it. We work with national and foreign companies affected by contractual breaches, unilateral interventions, repeated non-payments, or arbitrary regulatory decisions, and collaborate closely with their legal teams to structure a strategy that combines legal rigor and financial strength.
Our financing is specially designed for companies that need to recover what is rightfully theirs but cannot or do not want to immobilize resources for years, as well as for law firms representing these clients and seeking a solution that allows them to move forward without budgetary barriers. We also support companies facing multiple litigations against public entities and looking to structure a comprehensive portfolio-type solution.
In many countries, litigations against the State require not only legal reasons but also financial resilience. At Loopa, we offer that resilience in the form of smart capital: resources to support the legal strategy, and immediate liquidity to release cash and ease the wait.
If you have a valid claim against a public entity, we can help you finance it and maximize your chances of recovery without jeopardizing your finances.