Critical Appraisal of Third Party Funding in India

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Ms. Seemasmiti Pattjoshi, Dr. Puranjoy Ghosh

Abstract

Third-party funding in International Commercial Arbitration is one of the most contemporaneous and controversial issue in the normative framework in India. The last several years have witnessed increasing involvement of Third Party Funders in International Commercial Arbitration proceedings. Third-party funding has been considered as one of the means of access to justice for those who have a credible claim but no financial means to pursue it.  Dispute resolution in India tends to be a cost-heavy proposition for the parties involved. The present discussion highlights critical appraisal regarding TPF (Third Party Funding) from the delivery of procedural and substantive justice as well as suggesting legal and jurisprudential grounds in third party funding governance all across the world.

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