Third-Party Funding in India: The Legal and Practical Landscape
Article from: TDM 3 (2024), in Contingent Fees and Third Party Funding in Investment Arbitration Disputes
Executive summary
This article acts as a definitive primer on the extant Indian law on third-party funding. It examines the legality of third-party funding in Indian law in the light of the permissive nature of various statutes and favourable case law. The author's analysis reveals that despite the absence of an express legislation permitting third-party funding, the practice is clearly accepted and permissible in India. This is, to a large extent, owing to the common law doctrines of maintenance and champerty not being applicable in India. An important caveat, however, is that the funding agreement ...











