Third Party Funding Mechanism and Judicial Attitudes and Responses in International Commercial Arbitration

  • Ms. Seemasmiti Pattjoshia, Dr. Puranjoy Ghosh

Abstract

Third-party funding in International Commercial Arbitration is one of the most
contemporaneous and controversial issue in the normative framework in India. The last several
years have witnessed increasing involvement of Third Party Funders in International
Commercial Arbitration proceedings. Third-party funding has been considered as one of the
means of access to justice for those who have a credible claim but no financial means to pursue
it. Dispute resolution in India tends to be a cost-heavy proposition for the parties involved. The
present discussion highlights the judicial attitudes and responses regarding TPF (Third Party
Funding) from the delivery of procedural and substantive justice as well as suggesting legal and
jurisprudential grounds in third party funding governance all across the world. It also points out
that all the principles and appraisal of TPF which will ultimately contribute in delivering justice
in both national and international commercial arbitration if third party funding is left to selfgovernance.

Published
2020-05-20
How to Cite
Ms. Seemasmiti Pattjoshia, Dr. Puranjoy Ghosh. (2020). Third Party Funding Mechanism and Judicial Attitudes and Responses in International Commercial Arbitration. International Journal of Advanced Science and Technology, 29(9s), 5645-5653. Retrieved from https://sersc.org/journals/index.php/IJAST/article/view/18536