A Critical Analysis of Third Party Funding (TPF) in Arbitration

By Digvijay Dam*

The author has separately dealt with two of the most controversial issues relating to TPF namely, “ordering security for costs in TPF” and “awarding successful claimants their costs of TPF”. However, as of now they are only of an academic deliberation and does not have a definite legal standing, due to conflicting precedents and multifarious views of eminent scholars/arbitrators.Read More »

Advertisements

The Role of Arbitration in response to Increasing Foreign Direct Investment In India- Reverence and Lessons from the Dubai International Financial Centre (DIFC)

By Digvijay Dam*

Hon’ble PM Narendra Modi’s vision for the “Make in India” campaign is gaining an impressive momentum in the international fora, which is evident from the fact that India has received around $19.78 billion of foreign investment after the NDA government came into power. However, where there are investments, there are bound to occur some inevitable disputes, which are needed to be resolved in a swift and an amicable way. Here comes the need for a robust arbitration mechanism to deal with such kinds of disputes, as the parties generally tend to avoid litigation in courts. Post the enactment of the Indian Arbitration and the Conciliation Act 1996; India has not been a favorable destination for arbitration, due to a plethora of problems for eg. the issue of enforcement of foreign arbitral awards in India (White Industries Australia Limited v. Republic of India), the issue of interference of the Indian Judiciary in arbitrations seated outside India (Bharat Aluminum v. Kaiser Aluminum Technical Services[1] reconsidering the decision Read More »