Third-party litigation funding (TPLF) is gaining traction in India as a tool to address high legal costs and improve access to justice by allowing external funders to finance cases in return for a share of outcomes. However, the article highlights that while TPLF can level the playing field, it raises ethical and legal concerns, including control over litigation and risk of misuse. With limited regulation and evolving judicial scrutiny, clearer frameworks and safeguards are needed to balance access with accountability.
The article was authored by Dheeraj Nair; Partner, and Vishrutyi Sahni; Principal Associate, and was published in ET Legal World.
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Dheeraj is a Partner with JSA since 2009. Dheeraj has over two decades of experience advising and representing clients on complex arbitrations, litigations and regulatory proceedings.