Third-Party Funding In Dispute Resolution In India: Pros And Cons

Third-party funding (TPF) occupies a unique and somewhat paradoxical position within the Indian legal landscape. Being neither expressly prohibited nor comprehensively regulated, it has gradually found judicial acceptance, creating a legal space marked by uncertainty rather than clarity. For litigants, arbitrators, lawyers, and policymakers alike, this ambiguity is empirical reality, directly influencing access to justice, litigation strategy, arbitration proceedings, and the enforceability of awards. In Third-Party Funding in Dispute Resolution in India: Pros and Cons, the author addresses this evolving area with remarkable clarity, presenting a thoughtful examination of TPF and makes a compelling case for a structured regulatory framework in India. Spread across 16 well-organised chapters, the book introduces readers to the concept and evolution of third-party funding before examining its legal and commercial significance within the Indian dispute resolution framework. What distinguishes the work is its contingent perspective. Adopting a global approach, Dr. Kapadia analyses the regulatory approaches adopted in jurisdictions such as Singapore, Hong Kong, England, Australia, China, and Nigeria, illustrating how various legal systems have sought to facilitate access to justice through TPF. This comparison not only enriches the discussion but also provides valuable lessons for shaping India's future regulatory approach. One of the book's greatest strengths lies in its cautious treatment of Indian jurisprudence. The book traces the judicial evolution of TPF through landmark decisions, from Ram Coomar Coondoo v. Chunder Canto Mookerjee, moving through Bar Council of India v. A.K. Balaji, and culminating in the Hon'ble Delhi High Court's significant 2023 decision in Tomorrow Sales Agency Pvt. Ltd. v. SBS Holdings Inc. The discussion demonstrates how Indian courts have consistently acknowledged the legitimacy of third-party funding arrangements, provided they do not violate public policy or principles of fairness. At the same time, these judgments reveal a persistent gap: while courts have recognised the practice, they have refrained from articulating a comprehensive legal framework governing funders' rights, obligations, disclosure requirements, or ethical boundaries. Dr. Kapadia's book offers a balanced and nuanced assessment by engaging with the practical and ethical concerns surrounding TPF. Issues such as funder control over litigation strategy, conflicts of interest, confidentiality, privilege, and the possibility of financially exploiting vulnerable litigants are examined with equal rigour. By acknowledging these risks, the book presents a credible and persuasive argument in favour of regulation instead of either unrestricted expansion or complete prohibition. Building upon this analysis, the author proposes a pragmatic roadmap for reform. Her recommendations include the establishment of a dedicated regulatory authority, mandatory disclosure of funding arrangements in appropriate cases, standardised funding agreements, and ethical safeguards informed by international best practices are pragmatic and well-reasoned. In contrast to excessive regulation, the proposed framework seeks to create legal certainty by harmonising commercial viability and access-to-justice benefits that TPF can offer. Although concise at approximately 65 pages, the book succeeds in delivering a comprehensive overview of an increasingly important area of dispute resolution. Its accessible writing style makes complex legal and commercial concepts easy to follow without compromising analytical depth. The work strikes an effective balance between doctrinal analysis, comparative insights, and thoughtful policy recommendations, making it valuable for readers with varying levels of familiarity with the subject. As India embarks upon the road to establish itself as a leading international arbitration hub, the regulation of third-party funding is likely to become an increasingly significant policy issue. In the given context, the author's work is both timely and relevant. It explains the current legal position and meaningfully contributes to the broader conversation about how India can responsibly integrate third-party funding into its dispute resolution ecosystem. Overall, Third-Party Funding in Dispute Resolution in India: Pros and Cons is a well-researched, balanced, and insightful contribution to the contemporary legal ambit. Combining doctrinal analysis with comparative ground-level perspectives and pragmatic recommendations, it offers readers a clear understanding of both the opportunities and challenges associated with third-party funding. The book serves as an excellent resource for law students, legal practitioners, arbitrators, policymakers, and any freeman interested in the future of commercial dispute resolution in India. Most importantly, the...

Third-Party Funding In Dispute Resolution In India: Pros And Cons

Santosh Paul, Senior Advocate

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Santosh Paul, Senior Advocate

Third-Party Funding In Dispute Resolution In India: Pros And Cons

Santosh Paul, Senior Advocate

This is a premium content Available exclusively to Our subscribers

INR 1099+GST

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Santosh Paul, Senior Advocate

This is a premium content
Available exclusively to
Our subscribers