Third Party Funding of Dispute Resolution (With Special Emphasis on Business Models, Arbitration and Mediation)

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Description
Our interest in alternative dispute resolution began in law school like many people of our generation. But what spiked our interest at the time was mediation. Being naturally solution-oriented people, mediation appealed to us. After receiving training and practicing mediation, we wrote our first book on mediation. The book was well received and even recommended as syllabus reading by the Bar Council of India. We received feedback on the book that it presented mediation for the first time with a complete India centric focus and brought conceptual clarity for even professionals who were not advocates. It gave us the confidence to write this book and continue our writing style in the same vein. We believe that a big part of promoting alternative dispute resolution (ADR) in India is making available knowledge on upcoming areas of practice in ADR. We placed our bets on mediation more than a decade ago, it is slowly becoming an indelible part of the dispute resolution process. We now present to you third-party funding. We have not reached the crest of the alternative dispute resolution wave in India. The way the market shall evolve is not in our control. But we would like to contribute to the available knowledge so that funders and practitioners are able to make informed decisions. At the time we write this book, there is no book which takes a holistic approach to third-party funding in India. The present literature is stuck on a unidirectional approach of whether third-party funding is champertous. There is a need for greater scrutiny and for that there is a need for greater understanding. Third-party funding of dispute resolution involves a financial investor coming in and investing in ploughing out the receivables that are the basis of the dispute. Such financial investors are generally professional organisations who use financial modelling for cost analysis of the dispute resolution like any other commercial project in a business. Their decision to fund is based on risk analysis and due diligence again like any other business decision.
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Contents
1. What is Third-Party Funding?
2. Business Models and Structuring of Third-Party Funding
3. International Perspective on Issues Specific to Arbitration
4. Issues Specific to Arbitration in India.
5. Issues Specific to Mediation
6. Issues Related to Insolvency.
7. Policy Perspective
8. Interdisciplinary View of Third-Party Funding of
Dispute Resolution
Subject Index
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Author Details
Anuroop Omkar, completed his B.Com; LL.B. (Hons.) from Gujarat National Law University, Gandhinagar in 2012. He obtained international certification on Negotiation and Mediation from USA and Europe. He co-founded Bridge Mediation & Consulting Pvt. Ltd. (BMCPL) with his law school best friend and now his wife Kritika Krishnamurthy Omkar. BMCPL in collaboration with G.N.L.U, N.L.U, Jodhpur and TISS, Mumbai has trained both students and professionals in negotiation and mediation.
Kritika Krishnamurthy, graduated from G.N.L.U in 2012. Since then she has been working in the Corporate Team of Lakshmi Kumaran & Sridharan and presently works as a Senior Associate with the firm. She is a recipient of the Dhirubhai Ambani Foundation Scholarship and Maharashtra Board Scholarship for the academic years 2007-12. Her areas of interest are Corporate and Commercial laws, Direct Tax and International Taxation. She co- founded Bridge Mediation and Consulting Pvt. Ltd. with Anuroop in 2013.