Applicability of a ‘Loser Pays’ Principle to a Third-Party Funder? Striking balance between accountability and access to justice While allowing the appeal, the Division Bench laid the foundation...
CLASSIFICATION DISPUTES TRIGGERED BY THE COMPLEXITIES IN THE GST REGIME The Goods and Services Tax (‘GST’) Law completed five (5) years in July this year, however, many issues are yet to be settled...
"Control" Under The Takeover Regulations, 2011 The position of law on the interpretation of the term "control" forms the rationale for requiring prospective acquirers obtaining such 'control' to be...
THE QUINCECARE DUTY OF CARE STORY CONTINUES Given the sophistication and resources of banks and customers' high expectations of their banks, as well as the fact that frauds are a constant evil in...
PARENT COMPANY LIABILITY The UK Supreme Court has reinforced the jurisdictional gateway through which claimants may bring claims in negligence against the parent company of an overseas subsidiary. ...
Budget 2021 - A Shift in India's Litigation Landscape Continuing the efforts of prior budgets, particularly with regard to revamping of the penalty regime, Vivad se Vishwas scheme for settling past...
Litigation Funding 2.0 Today, it's possible to raise capital from investors to fund litigation, just as you would to expand or acquire a company which removes a formidable barrier to filing asset...
Why not be less shy in the use of Worldwide Freezing Injunctions? Freezing injunctions can be of huge tactical benefit in banking and private equity disputes and in preventing fraudulent parties from...
Pre-Arbitration Steps Contractually Prescribed Pre-Arbitration Mediation, Emergency Awards and Court Ordered Interim ReliefThe determinations regarding pre-arbitral steps and interim measures are...
As the world faces an unprecedented health crisis from the Covid-19 pandemic, the corporate world is already embroiled with multifarious challenges related to the non-performance of commercial...
While third-party funding is allowed in India, it is not very prevalent...At the outset, let me clarify that contrary to popular belief, third-party litigation funding is not prohibited in India....
When parties enter into international contracts and agree to international arbitration as a forum for their disputes, it is unlikely they would expect their arbitrator to slavishly imitate the court...
