Third-Party Funding for Dispute Resolution in India
Exploring Recent Developments and the Legal Landscape
April 02, 2024
Third-Party Funding (“TPF”) has been gaining traction globally for enabling access to justice for litigants. It is now increasingly used to equip litigants to pursue claims against deep-pocketed defendants through TPF Agreements or other similar products.
In this light, it becomes pertinent to understand the legal landscape surrounding TPF. This paper analyses the legal position regarding TPF in jurisdictions like England, Singapore, Hong Kong and India. It explores the enforceability and structure of TPF Agreements, principles governing third-party financiers’ exposure to costs, TPF vis-à-vis the insolvency process, exchange control law and tax law considerations, and various contemporary developments taking place in this space.
Third-Party Funding for Dispute Resolution in India
Exploring Recent Developments and the Legal Landscape
April 02, 2024
Third-Party Funding (“TPF”) has been gaining traction globally for enabling access to justice for litigants. It is now increasingly used to equip litigants to pursue claims against deep-pocketed defendants through TPF Agreements or other similar products.
In this light, it becomes pertinent to understand the legal landscape surrounding TPF. This paper analyses the legal position regarding TPF in jurisdictions like England, Singapore, Hong Kong and India. It explores the enforceability and structure of TPF Agreements, principles governing third-party financiers’ exposure to costs, TPF vis-à-vis the insolvency process, exchange control law and tax law considerations, and various contemporary developments taking place in this space.
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NDA ranked 2nd in the Most Innovative Law
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Disclaimer
The contents of this
Publication
should not be construed as legal opinion. View detailed
disclaimer.
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