India International Arbitration Comparative Guide

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International Arbitration

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11.

Funding

11.1

Is third-party funding permitted for arbitrations seated in your jurisdiction?

India

S&A Law Offices

Answer ... Currently, there are no provisions on third-party funding in India. However, recently, the Supreme Court in Bar Council of India vs. A.K. Balaji and Ors. (MANU/SC/0239/2018) observed that ‘there appears to be no restriction on third parties (non-lawyers) funding the litigation and getting repaid after the outcome of the litigation.’ However, there is a complete bar on the lawyers to be the third party to fund the litigation.

For more information about this answer please contact: Manoj Singh from S&A Law Offices

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International Arbitration