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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

Thackray Williams—Lucy Zhu

Thackray Williams—Lucy Zhu

Dual-qualified partner joins as head of commercial property department

Morgan Lewis—David A. McManus

Morgan Lewis—David A. McManus

Firm announces appointment of next chair

Burges Salmon—Rebecca Wilsker

Burges Salmon—Rebecca Wilsker

Director joins corporate team from the US

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
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