Posted In: Insight
Posted By: Singularity Legal
Litigation financing is gaining increasing traction among India related international disputes. Our Insight explores the legality of such litigation financing arrangements by exploring Indian case law right from the 1800s to present day. We conclude that such arrangements are expressly valid under Indian law, provided certain basic limitations are kept in mind.
Presently, there are no home-grown litigation financiers in India. Foreign litigation financiers making financing arrangements in India are bound to encounter the restrictions placed by the Foreign Exchange Management Act. We explore these FEMA restrictions in detail, and how such financing arrangements can be structured.
Our partner, Prateek Bagaria, also recently moderated a well-received webinar on the nuances of litigation financing in the infrastructure sector, as part of the Society for Construction Law (India) – Young Leaders’ Group Steering Committee.