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VOL. 11, ISSUE 7 (2025)
Third-party funding in arbitration and its effect on the confidentiality and impartiality
Authors
Yamini Singh
Abstract
The growing practice of Third-Party Funding
(TPF) in arbitration offers increased access to justice, especially for
financially constrained parties. However, its expansion in India, where a
regulatory vacuum persists, raises concerns regarding the core principles of
arbitration, notably confidentiality and impartiality. This paper critically
examines how TPF challenges these principles within the Indian arbitration
framework, focusing on the ethical dilemmas and potential conflicts of interest
that stem from funders’ financial involvement. The article analyses
international best practices from jurisdictions such as Singapore, Hong Kong,
and the United Kingdom, proposing that India adopt mandatory disclosure
obligations, ethical guidelines, and confidentiality safeguards. These
regulatory reforms are essential to balance the benefits of TPF with the need
to maintain fairness, transparency, and trust in the Indian arbitration system,
particularly as India seeks to position itself as a global arbitration hub.
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Pages:40-44
How to cite this article:
Yamini Singh "Third-party funding in arbitration and its effect on the confidentiality and impartiality". International Journal of Law, Vol 11, Issue 7, 2025, Pages 40-44
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