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20 October 2023 / Saurabh Bhagotra
Issue: 8045 / Categories: Features , Profession , International , ADR , Arbitration
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Third-party funding & the evolution of arbitration in India

143247
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

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MOVERS & SHAKERS

London Solicitors Litigation Association—John McElroy

London Solicitors Litigation Association—John McElroy

Fieldfisher partner appointed president as LSLA marks milestone year

Kingsley Napley—Kirsty Churm & Olivia Stiles

Kingsley Napley—Kirsty Churm & Olivia Stiles

Firm promotes two lawyers to partnership across employment and family

Foot Anstey—five promotions

Foot Anstey—five promotions

Firm promotes five lawyers to partnership across key growth areas

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
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