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Jul 28, 2023

Delhi HC Holds that Third-Party Funder Not a Party to Arbitration Award Cannot be Held Liable to Pay Arbitral Award

In Tomorrow Sales Agency (P) Ltd. v. SBS Holdings Inc.[1] a Division Bench of the Delhi High Court (‘Delhi HC’) held that a third-party funder in an arbitration, being a non-signatory to the arbitration award ‘cannot be mulcted with liability, which they have neither undertaken’ simply because the third party funder funded a party in the arbitration proceedings.

[1] Tomorrow Sales Agency (P) Ltd. v. SBS Holdings Inc., 2023 SCC OnLine Del 3191.

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These are the views and opinions of the author(s) and do not necessarily reflect the views of the Firm. This article is intended for general information only and does not constitute legal or other advice and you acknowledge that there is no relationship (implied, legal or fiduciary) between you and the author/AZB. AZB does not claim that the article's content or information is accurate, correct or complete, and disclaims all liability for any loss or damage caused through error or omission.

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