Enforcement of Foreign Awards in India for Arbitrations Involving Third Party Funding
Article from: TDM 2 (2018), in India
Executive Summary
Singapore and Hong Kong have recently modified their laws to allow for third party funding of arbitrations which were earlier prohibited. Singapore and Hong Kong being arbitration friendly jurisdiction allow third party funding in arbitrations being common law countries subject to the rules of champerty and maintenance. Such agreements are also allowed in United Kingdom, a jurisdiction to which champerty and maintenance owe their origins. However, there is no rule or precedent in force in India which specifically allows third party funding of arbitrations. Through ...