Abstract
This article examines the legal and regulatory position of third-party funding in Indian arbitration after Tomorrow Sales Agency Pvt. Ltd. v. SBS Holdings, Inc. It traces the judicial acceptance of litigation funding, identifies unresolved concerns involving disclosure, conflicts of interest, confidentiality, unconscionable bargains and adverse costs, compares the regulatory approaches adopted in Singapore and Hong Kong, and proposes targeted amendments to the Arbitration and Conciliation Act, 1996.
Keywords: Third-Party Funding, Arbitration, Access to Justice, Disclosure, Adverse Costs, India