[ Shreya is a student at National Law School of India University Bengaluru. ] The emergence of third-party funding ( TPF ) in Indian arbitration has exposed a critical gap in the legal framework governing the extent of liability of a third-party funder in arbitration. The funding received from TPF is often what provides complete financial support to claimants, who are dependent on TPF. This leads to the risk of the successful party being unable to enforce an adverse costs awa

The Delhi High Court’s stance on third-party funding is a welcome decision in light of India’s pro-arbitration policy.