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Third-party funding & the evolution of arbitration in India

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

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Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
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Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
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