header-logo header-logo

20 October 2023 / Saurabh Bhagotra
Issue: 8045 / Categories: Features , Profession , International , ADR , Arbitration
printer mail-detail

Third-party funding & the evolution of arbitration in India

143247
Could India match or even exceed Singapore’s rise in the arbitration space? Saurabh Bhagotra investigates
  • Reports on significance of Tomorrow Sales Agency to the arbitration landscape in India.
  • India is increasingly attractive as a hub for international arbitration and could be a future challenger to Singapore and London.

In the recent case of Tomorrow Sales Agency Private Limited v SBS Holdings, Inc and Ors 2023 DHC 3830-DB, a Division Bench of the Delhi High Court ruled that those who provide third-party funding are not liable to pay adverse awards in arbitration claims. This is a landmark ruling which will support the landscape of the future of arbitration in India, and is indicative of a shift in the Indian legal system to become more conducive to arbitration and mediation. With India expected to overtake the US in the size of its economy by 2075, this will likely give India a high global standing.

Progress of arbitration in India

Arbitration is now a preferred method for resolving commercial disputes in India due to its flexibility,

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
back-to-top-scroll