This book takes a holistic approach to third-party funding in India and has something for everyone, from practitioners and adjudicators to arbitration counsels or arbitrators engaged in an arbitration with third-party funding. For funders and claimants seeking funding, business models and foreign investment options in India, funding structures, case assessment, and due diligence perspectives have been covered. For policy and lawmakers, the policy aspects of regulating or not regulating third-party funding in India from a 'to be or not to be' perspective have been taken up by the authors. Lastly, this book discusses an interdisciplinary approach to looking at third-party funding from an outside-of-law view of conflicts including neuroscience, human habits, and the economics perspective of risks and costs.
The authors have tried to keep the writing style as simple and lucid as possible with relatable stories so that the reader is able to link the concepts with real life. Case studies and what-if scenarios in boxes have been included through the book as not much is available in public domain on this subject.
"First-ever book in Indian context on a fascinating intersection of finance and law. This will upgrade socio-legal thinking about third-party litigation, benefitting both litigants and financiers.
-Dr. M.S. Sahoo, Distinguished Professor, National Law University, Delhi and First Chairperson, Insolvency and Bankruptcy Board of India
"Third-party funding of disputes specially arbitrations is an important financial tool for Indian businesses looking to create liquidity out of recoverable. This book shall act as the go-to reference for not just lawyers but also foreign funders, entrepreneurs and their finance teams. The book is insightful and thorough with a 360-degree perspective."
-Dr. Annurag Batra, Chairman & Editor-in-Chief of BW Business worldand Founder, Exchange4media
"As the country is set to become a $5 Trillion economy, India will require third-party litigation funding as a crucial component as part of the ecosystem. This book by Anuroop and Kritika will help all the stakeholders of the litigation financing ecosystem to understand how other mature markets have adopted the system so far and how we can navigate it as per the local environment. In the last five years, we have seen Insolvency & Bankruptcy Code (IBC) becoming a game-changer in terms of the revival of companies. While litigation funding will help to deepen the investment ecosystem further."
-Maulik Vyas, Senior Assistant Editor, The Economic Times
"As usual Anuroop and Kritika have caught the wave before the incoming tide by writing on third-party funding of dispute resolution in India. I particularly like the chapter on interdisciplinary aspects of neuroscience and habit loops."
- Tarun Nangia, Conceptualiser, Producer and Host of Legally Speaking with Tarun Nangia and Associate Editor (Special Projects), NewsX
Table Of Contents:
Table of Cases
1. What is Third-Party Funding? 2. Business Models and Structuring of Third-Party Funding 3. International Perspective on Issues Specific to Arbitration 4. Issues Specific to Arbitration in India 5. Issues Specific to Mediation 6. Issues Related to Insolvency 7. Policy Perspective 8. Interdisciplinary View of Third-Party Funding of Dispute Resolution