Third-party litigation funding: A comparative legal analysis of third-party litigation funding and its potential in India

Jhawar, Ambika and Chigateri, Prarthana (2019) Third-party litigation funding: A comparative legal analysis of third-party litigation funding and its potential in India. International Journal of Legal Developments and Allied Issues, 5 (5). pp. 1-20.

[thumbnail of IJLDAAI2019.pdf] Text
IJLDAAI2019.pdf - Published Version
Restricted to Repository staff only

Download (367kB) | Request a copy

Abstract

Third party litigation funding (TPLF) enables financial assistance to a claimant, for the purposes of litigation, by an unrelated third party to the suit. Commercial funding is the most popular form of TPLF. In cases of commercial funding, the litigation funder expects a certain percentage of profit or a success fee upon the conclusion of the litigation. There is no specific
law governing TPLF in India. However, reading the judicial precedents along with certain legal provisions, it can be inferred that the practice of TPLF is not prohibited under Indian law. This paper studies the development of the concept of TPLF, and the potential for its practice in India, with a special focus on shareholder class action suits. Through a comparative analysis, the paper argues that TPLF can be especially promising in shareholder class action suits. Drawing on the experiences of other jurisdictions, the paper provides certain recommendations that could guide the policy regulating the practice of TPLF in India. The paper finally argues that maximum advantage of this practice can be derived if a relationship of trust is created between the third party funders and the claimants.

Item Type: Article
Keywords: Litigation | Funding | India
Subjects: Social Sciences and humanities > Social Sciences > Law and Legal Studies
JGU School/Centre: Jindal Global Law School
Depositing User: Mr Sombir Dahiya
Date Deposited: 21 Apr 2022 09:11
Last Modified: 21 Apr 2022 09:11
URI: https://pure.jgu.edu.in/id/eprint/2546

Downloads

Downloads per month over past year

Actions (login required)

View Item
View Item