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Revolutionize your legal journey with Legal Pay's Litigation Financing! 

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Revolutionize your legal journey with Legal Pay's Litigation Financing! 

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Bookmark this page to stay updated on our game-changing financial solutions for legal battles. Empower your case with innovative funding options. Your pathway to justice begins here!

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Innovative financial products for your litigation

Control Costs

Spend absolutely nothing on the legal costs and only pay us once the recovery has happened.

Reduce Risks

We provide full non-recourse funding, implying there is no obligation to repay if the case is lost.

Optimize Outcomes

Financing helps litigants stay the course without settling for less than the damages merit.

Get started in three steps

2,000 disputes resolved, and counting

Since its inception in 2019, LegalPay has provided litigation funding to a wide range of companies

to help them purse their legal claims without worrying about the costs associated.

We're making the headlines!

LegalPay funds against Hero

LegalPay backed Brain Logistics in recovering dues from two-wheeler manufacturer, Hero Motocorp

LegalPay helps logistics firm Pidge to recover outstanding dues from non-vegetarian products retailer Meatigo

LegalPay provided financial aid to Trivone against Eros Now for defaulting on its contractual payments.

What is the date and time of the event?

The event will take place on June 7, 2023, from 5 pm to 6:15 pm IST.

How can I register for the event?

You can register for the event by filling out the form on this page.

Is there a fee for attending the event?

No, the event is free of charge for all participants.

How will I access the event?

The event will be conducted online via Microsoft Teams. You will receive a link to join the event after you register.

How can I contact the organizers if I have any questions or feedback?

You can contact us at case@legalpay.in.

How can attending this event benefit my litigation practice or knowledge?

Attending this event will help you understand the benefits and challenges of litigation funding, and how it can enhance your litigation practice or knowledge. You will learn how to assess the suitability of litigation funding for your cases, how to negotiate and structure funding agreements, and how to manage the relationship with funders. You will also gain insights into the legal and ethical issues surrounding litigation funding, and how to address them effectively.

Will the event provide practical tips and strategies for handling various stages of litigation?

Yes, the event will provide practical tips and strategies for handling various stages of litigation, such as case selection, due diligence, budgeting, discovery, trial preparation, settlement, and enforcement. You will learn how to use litigation funding as a tool to achieve your litigation objectives, and how to avoid common pitfalls or mistakes.

What are some common challenges or pitfalls in litigation, and will the event address how to overcome them?

Some of the common challenges or pitfalls in litigation include lack of resources, cash flow constraints, adverse costs exposure, uncertainty of outcome, and lengthy proceedings. The event will address how litigation funding can help you overcome these challenges or pitfalls by providing financial support, risk sharing, expertise, and strategic guidance.

Will the event discuss recent case law or legal developments that may impact litigation strategies?

Yes, the event will discuss recent case law or legal developments that may impact litigation strategies, such as the enforceability of funding agreements, disclosure obligations, privilege issues, conflicts of interest, funder control, and recovery of costs. You will learn how to adapt your litigation strategies to the evolving legal landscape and ensure compliance with applicable laws and regulations.

Will the event provide resources or reference materials that can be accessed after the event?

Yes, the event will provide resources or reference materials that can be accessed after the event. You will receive a link to download the event slides, recordings, transcripts, and handouts. You will also receive a certificate of attendance and a feedback form.

Is the event suitable for both experienced litigators and those new to litigation?

Yes, the event is suitable for both experienced litigators and those new to litigation. The event will cover both the fundamentals and the advanced aspects of litigation funding. Whether you are a seasoned litigator or a novice in this field, you will find something valuable and relevant in this event.

Will the event touch on alternative dispute resolution methods, such as mediation or arbitration?

Yes, the event will touch on alternative dispute resolution methods, such as mediation or arbitration. You will learn how litigation funding can be used in conjunction with these methods to facilitate settlement or resolution of disputes. You will also learn how to deal with potential issues or challenges that may arise when using litigation funding in alternative dispute resolution contexts.

Are there any recommended prerequisites or prior knowledge required to attend the event?

No, there are no recommended prerequisites or prior knowledge required to attend the event. The event is designed to be accessible and informative for anyone interested in learning more about litigation funding.

How can I access the event materials or recordings if I am unable to attend the live session?

If you are unable to attend the live session, you can still access the event materials or recordings by registering for the event. You will receive an email with a link to access the event materials or recordings after the event. You can also contact us at any time if you have any questions or issues.

Will the event provide practical examples or case studies to illustrate key points?

Yes, the event will provide practical examples or case studies to illustrate key points. You will hear from real-life litigators who have used litigation funding in their cases, and how they achieved successful outcomes. You will also see examples of funding agreements, due diligence reports, budgets, and other documents that are relevant to litigation funding.

What information do I need to provide LegalPay for my client's case to get funded?

Litigation Financing: LegalPay follows a strict due diligence process before funding any case. Our initial review will be based on the information you provide over the phone/email regarding your client's case. Additional information and supporting documentation may be required by our team to arrive at a concrete decision. Interim Financing: Once your client acknowledges the invoice raised by you, we require a few documents from the client such as bank statement, PAN card, etc. Post our diligence and review, we clear your invoice instantly while provide no-cost EMI payment plan to your client.

Why should my client avail LegalPay's services?

LegalPay wants to create a world in which finance will never be a barrier to justice. LegalPay, through its two products - Litigation Financing and Embedded Financing, provides a way to litigants to alleviate their burden of legal costs and transfer them onto LegalPay. By doing so, the litigants do not have to worry about paying your fees, court fees, and any other fees.

Will information about my client's case remain confidential?

Only information that you're comfortable sharing may be provided to LegalPay before signing NDA. Once NDA is signed, we may require additional information from you or your client to proceed with our diligence. LegalPay is committed to protecting the privacy and confidentiality of information.

Does LegalPay have any control over the case?

No, LegalPay does not have any rights to manage, interfere with, or influence with the timeline of the case. Settlement strategy and decision over the case remain in the claimant's control.

Does Litigation Funding affect lawyer-client privilege?

We are passive investors in your client's case and the same does not affect the lawyer-client privilege. We do not request access to lawyer-client privileged collaterals.

Why should I take payment from my clients through LegalPay Max?

LegalPay Max is the new payment option for paying legal and professional expenses available to all your credit worthy clients . By choosing to pay through LegalPay Max, the clients are essentially delaying the payment by 3 months while ensuring you get paid instantly. Thus, ensuring more clients and, consequently, higher revenue to you.

Legalpay is India's largest legal financing player that provides an easier and faster way to finance legal expenses through its proprietary technology. As of now, Legalpay has provided financing to more than 50 businesses translating to a total of USD ~195 million claims under management.

What kind of financing does LegalPay provide?

LegalPay provides two kinds of financing: 1) Litigation Financing: We fund commercial disputes and help businesses alleviate the costs and risks of fighting disputes in exchange for a pre-decided cut from the potential recovery. This is non-recourse funding, implying that LegalPay only gets a cut in case the litigation wins the case. 2) Embedded Financing: We allow businesses to spread their legal and professional expenses across a pre-agreed timeframe for no extra cost. This is basically done by giving a virtual line of credit, allowing businesses to draw down funds when needed.

Who can approach LegalPay for legal financing?

Anyone and everyone can approach LegalPay to finance their legal expenses. However, the decision to fund and the amount to fund is up to the discretion of LegalPay's extensive due diligence process.

How much does it cost to get started with LegalPay?

There is no cost to get started with LegalPay. LegalPay provides its services completely free of charge

Does LegalPay support companies that work outside India?

Absolutely, yes. We provide financing to all types of companies irrespective of their domicile. Do not hesitate to reach out to us in case of any further questions.

Why should I take financing from LegalPay?

Disputes are inevitable for any business, no matter how big or small. Why to put in your time, effort, and money in chasing disputes, when you can let LegalPay take care of it with no additional burden.

What is Litigation Financing?

In simple words, litigation financing is the practice where a third party (LegalPay) unrelated to the lawsuit provides capital to a party involved in litigation, in return for a pre-agreed cut of any financial recovery from the lawsuit.

How to get started with litigation financing?

If you're a lawyer and want to avail litigation financing for one of your client, reach out to us at case@legalpay.in. If you're a plaintiff and want to get litigation financing for your dispute, you can signup on our platform and submit your case for review.

What type of cases can be funded on LegalPay?

LegalPay assists in funding meritorious commercial claims at all stages of litigation, including but not limited to: 1) Contractual disputes 2) Founder investor disputes 3) Intellectual property disputes 4) Banking and insurance disputes 5) Cross border disputes 6) Class action suits

How much funding does LegalPay provide?

LegalPay does not have any minimum/maximum ticket size. As long as the case is meritorious and qualifies for funding, LegalPay is happy to provide support.

What can be the funding used for?

LegalPay's funding can be used for following purposes including but not limited to: 1) Lawyers fees 2) Court fees 3) Witness fees 4) Stamp duty 5) OPE expenses

Does LegalPay have any control over the litigation or settlement negotiations?

Absolutely not. LegalPay does not manage, interfere, or influence the case in any manner whatsoever. Settlement

What criteria determines if my case will be funded by LegalPay?

LegalPay follows a three-step due diligence process: 1) Legal diligence: Case must have strong legal merits. Legal merits means a sound basis for the case and a clear understanding of the claim value. Further, we also take into account the estimated time to resolution. 2) Financial diligence: Defendants must have strong financial viability and should be well-capitalized with an ability to pay damages awarded as a result of the litigation. 3) Operational diligence: The case must be represented by experienced and competent lawyer with strong track record of success in the related legal area.

How long will it take LegalPay to review a case?

LegalPay reviews all the cases it receives within 48 hours. If a case is accepted for review, your team may be contacted for additional information. If we decide to move ahead with the case, we will issue a funding agreement. After the terms are accepted, LegalPay will deploy capital whenever and wherever required as per the pre-agreed thesis.

LegalPay Max is a Pay Later product that allows businesses to spread their legal and professional expenses across a pre-agreed timeframe for no extra cost.

How can I find legal professionals who accept LegalPay Max as a payment option?

We have onboarded more than 4,000 legal professionals on our platform. You can either avail legal services of such legal professionals onboarded on our platform or let us know the name of your legal professional so that we can onboard them.

Who can avail LegalPay's Pay Later solution?

Any Indian resident/business who has a bank account, PAN card and Aadhar card can avail LegalPay's Pay Later solution. Not having prior credit history is not a limiting factor since we also underwrite new-to-credit customers. However, please note that the approval of credit line is subject to financial underwriting of our lending partners.

What is the process to avail a credit limit?

Our process is 100% digital with a completely paperless journey. Our team assess applications within 24 hours and are able to approve over 70% of applicants. You can then choose to pay your legal bills using your credit limit.

What are the repayment options available?

We provide flexible repayment options to our customers. You can pay using our EMI plans that go up to 12 months.

How can I repay the borrowed amount?

We provide a host of channels such as net banking, debit card, UPI, etc. to pay legal professionals on our platform. Alternatively, you can clear your legal bills using LegalPay Max that allows you to divide your bills in no-cost EMIs that go up to 12 months. Further, we will send timely notifications/messages reminding you of the due amount so that you never forget to repay on time.

What if I'm unable to repay on time?

In case you are not able to repay on time, the interest amount keeps getting accrued on your outstanding amount, impacting your credit score adversely. Hence, we advise you to borrow only when you have the capacity to repay.

Have more questions?
Let's connect.

Our expert team will clear all your doubts with utmost transparency and clarity.

One Stop Solution for all the legal financing needs

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Discover innovative financial products for your litigation needs. Let us manage your growth with one-stop solutions. 2,000 disputes resolved and counting!

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Navigating the Shifting Tides: Understanding the Evolving Landscape of Cybersecurity Threats in SaaS

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Navigating the Shifting Tides: Understanding the Evolving Landscape of Cybersecurity Threats in SaaS

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Navigating Debt Recovery in Logistics: Strategies for Success

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Navigating Debt Recovery in Logistics: Strategies for Success

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Navigating the Shifting Tides: Understanding the Evolving Landscape of Cybersecurity Threats in SaaS

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Navigating the Shifting Tides: Understanding the Evolving Landscape of Cybersecurity Threats in SaaS

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Software as a service (SaaS) is a cloud-based software delivery model in which the cloud provider develops and maintains cloud application software, provides automatic software updates, and makes software available to its customers via the internet on a pay-as-you-go basis. SaaS is also known as on-demand software, web-based software, or web-hosted software.

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Software as a service (SaaS) is a cloud-based software delivery model in which the cloud provider develops and maintains cloud application software, provides automatic software updates, and makes software available to its customers via the internet on a pay-as-you-go basis. SaaS is also known as on-demand software, web-based software, or web-hosted software.

SaaS has become a popular choice for many organizations, as it offers several benefits, such as:

Cost savings: SaaS eliminates the need for upfront capital expenditure on software licenses, hardware, and infrastructure, as well as the ongoing costs of maintenance, security, and upgrades.

Scalability: SaaS allows customers to easily adjust their usage and subscription plans according to their changing needs and demands, without worrying about capacity or performance issues.

Accessibility: SaaS enables customers to access their applications and data from any device and location, as long as they have an internet connection, which enhances mobility, productivity, and collaboration.

Innovation: SaaS provides customers with the latest features and functionalities, as the cloud provider handles the software development and updates, ensuring that the applications are always up to date and secure.

However, SaaS also introduces new challenges and risks for both customers and providers, especially in terms of cybersecurity. As SaaS environments operate in the public cloud, they are exposed to various cyber threats, such as data breaches, unauthorized access, ransomware, phishing, malware, and insider attacks. Moreover, SaaS customers have less control and visibility over their data and applications, as they rely on the cloud provider to manage and secure the cloud infrastructure and software.

In this blog post, we will explore the evolving landscape of cybersecurity threats in SaaS, and how customers and providers can mitigate them and protect their data and assets.
Analysis of SaaS Platform and Its Benefits
SaaS is a type of cloud computing service that falls under the category of cloud application services, along with platform as a service (PaaS) and infrastructure as a service (IaaS). SaaS differs from the other two types of cloud services in the level of abstraction and responsibility it offers to the customers and providers.

In SaaS, the cloud provider is responsible for everything, from the underlying infrastructure, middleware, and operating system, to the application software and data. The customer only needs to pay for the software usage and access it via a web browser or an application programming interface (API). The customer does not need to install, update, or maintain any software or hardware, as the provider handles all the technical aspects of the service.

SaaS is suitable for applications that have a high demand for web or mobile access, such as email, collaboration, customer relationship management (CRM), enterprise resource planning (ERP), and document management. Some examples of popular SaaS products are Google Workspace, Salesforce, Trello, Zoom, DocuSign, Slack, Adobe Creative Cloud, Mailchimp, Netflix, and Spotify.

SaaS offers several benefits to customers, such as:

Faster deployment: SaaS applications are ready to use, as they are already installed and configured by the provider, which reduces the time and effort required to deploy them.

Lower risk: SaaS reduces the risk of software failure, as the provider ensures the availability, reliability, and performance of the service, as well as the backup and recovery of the data.

Easier integration: SaaS applications are designed to integrate with other cloud services and applications, using APIs and web services, which simplifies the data exchange and interoperability.

Greater flexibility: SaaS allows customers to customize and configure their applications according to their preferences and requirements, without affecting the core functionality of the service.

Pros and Cons of SaaS
SaaS has many advantages, but it also has some drawbacks and limitations that customers and providers should be aware of. Here are some of the pros and cons of SaaS:
Pros

Cost savings: SaaS lowers the total cost of ownership (TCO) of software, as it eliminates the upfront and ongoing costs of software licenses, hardware, infrastructure, maintenance, security, and upgrades. SaaS also offers a flexible and transparent pricing model, based on the usage and subscription plan, which allows customers to pay only for what they need and use.

Scalability: SaaS enables customers to scale up or down their software usage and subscription plan, according to their changing needs and demands, without worrying about capacity or performance issues. SaaS also supports the growth and expansion of customers, as they can easily add new users, features, and functionalities to their applications.

Accessibility: SaaS enhances the mobility, productivity, and collaboration of customers, as they can access their applications and data from any device and location, as long as they have an internet connection. SaaS also ensures the consistency and compatibility of the applications and data across different devices and platforms.

Innovation: SaaS provides customers with the latest features and functionalities, as the provider handles the software development and updates, ensuring that the applications are always up to date and secure. SaaS also enables customers to benefit from the best practices and expertise of the provider, as well as the feedback and suggestions of other customers.

Cons

Data security: SaaS poses a higher risk of data breaches, as the data is stored and processed in the cloud, which may be accessed by unauthorized parties, such as hackers, competitors, or government agencies. SaaS also requires customers to trust the provider with their sensitive data, and to comply with the provider's data security policies and standards, which may not meet the customer's expectations or requirements.

Data privacy: SaaS raises data privacy concerns, as the data may be subject to different laws and regulations, depending on the location of the provider and the customer, as well as the data centers where the data is stored and transferred. SaaS also exposes customers to the risk of data loss or leakage, due to accidental or intentional actions by the provider or the customer, such as deletion, corruption, or disclosure.

Data ownership: SaaS creates data ownership issues, as the data may belong to the provider or the customer, depending on the terms and conditions of the service agreement. SaaS also limits the customer's control and visibility over their data and applications, as they rely on the provider to manage and secure the cloud infrastructure and software.

Data portability: SaaS reduces the data portability, as the data may be locked in the provider's platform, making it difficult or costly for the customer to migrate or switch to another provider or service. SaaS also restricts the data interoperability, as the data may not be compatible or integrable with other applications or systems, due to the proprietary formats or protocols used by the provider.

Conclusion
SaaS is a cloud-based software delivery model that offers many benefits to customers, such as cost savings, scalability, accessibility, and innovation. However, SaaS also introduces new challenges and risks for customers and providers, especially in terms of cybersecurity. As SaaS environments operate in the public cloud, they are exposed to various cyber threats, such as data breaches, unauthorized access, ransomware, phishing, malware, and insider attacks. Moreover, SaaS customers have less control and visibility over their data and applications, as they rely on the cloud provider to manage and secure the cloud infrastructure and software.

To mitigate these challenges and risks, customers and providers need to adopt a proactive and collaborative approach to SaaS security, and implement best practices and measures, such as:

Conducting regular security assessments and audits of the SaaS environment, and identifying and addressing any vulnerabilities or gaps.

Implementing strong encryption and authentication mechanisms for the data in transit and at rest, and ensuring the confidentiality, integrity, and availability of the data.

Applying the principle of least privilege and role-based access control for the users and administrators of the SaaS applications, and monitoring and logging their activities and behaviors.

Educating and training the users and administrators of the SaaS applications on the security policies and procedures, and raising their awareness and responsibility for the data security and privacy.

Establishing clear and transparent service level agreements (SLAs) and contracts between the customers and providers, and defining the roles and responsibilities, expectations and requirements, and rights and obligations of each party.

Developing and testing a comprehensive and effective backup and recovery plan for the data and applications, and ensuring the resilience and continuity of the service in case of any incidents or disasters.

SaaS is a powerful and promising cloud service that can help customers achieve their business goals and objectives, but it also requires customers to be aware and prepared for the potential cybersecurity threats and challenges that it entails. By following the above-mentioned best practices and measures, customers and providers can enhance their SaaS security and protect their data and assets.

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Navigating the Shifting Tides: Understanding the Evolving Landscape of Cybersecurity Threats in SaaS - Submit A Free Guest Post - MIM

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Software as a service (SaaS) is a cloud-based software delivery model in which the cloud provider develops and maintains cloud application software.

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Navigating Debt Recovery in Logistics: Strategies for Success

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Navigating Debt Recovery in Logistics: Strategies for Success

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The logistics industry is facing unprecedented challenges due to the global pandemic, disrupted supply chains, and increased customer expectations. One of the most pressing issues is how to manage and recover debt from customers who are unable or unwilling to pay for the services rendered.

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Navigating Debt Recovery in Logistics: Strategies for Success

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The logistics industry is facing unprecedented challenges due to the global pandemic, disrupted supply chains, and increased customer expectations.

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Turning the Tide: Litigation Financing Solutions for Unpaid Freight Invoices

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Turning the Tide: Litigation Financing Solutions for Unpaid Freight Invoices

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Regulatory Compliance and Fintech Start-ups: Navigating Early Challenges

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Regulatory Compliance and Fintech Start-ups: Navigating Early Challenges

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Turning the Tide: Litigation Financing Solutions for Unpaid Freight Invoices

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Turning the Tide: Litigation Financing Solutions for Unpaid Freight Invoices

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The transportation industry is one of the pillars of the global economy, enabling the exchange of goods and services across different regions and countries. It encompasses various modes of transport, such as road, rail, air, and sea, and involves multiple actors, such as carriers, shippers, consignees, brokers, and regulators.

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High DA, PA, DR Guest Blogs Posting Website - Bloglabcity.com

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Turning the Tide: Litigation Financing Solutions for Unpaid Freight Invoices

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The transportation industry is one of the pillars of the global economy, enabling the exchange of goods and services across different regions and countries.

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Regulatory Compliance and Fintech Start-ups: Navigating Early Challenges

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Regulatory Compliance and Fintech Start-ups: Navigating Early Challenges

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The fintech industry is transforming the financial sector with its innovative solutions and customer-centric approach. Fintech start-ups offer a range of services, such as digital payments, peer-to-peer lending, robo-advisory, and blockchain, that challenge the traditional models and practices of banking and finance.

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The fintech industry is transforming the financial sector with its innovative solutions and customer-centric approach.

The Regulatory Landscape
The fintech industry is transforming the financial sector with its innovative solutions and customer-centric approach. Fintech start-ups offer a range of services, such as digital payments, peer-to-peer lending, robo-advisory, and blockchain, that challenge the traditional models and practices of banking and finance. According to a report by KPMG, the global fintech market is expected to grow at a compound annual growth rate of 25% and reach $309 billion by 2022. However, along with the opportunities, fintech start-ups also face significant challenges, especially in terms of fintech regulatory compliance. The financial sector is one of the most regulated industries in the world, with a complex and dynamic set of rules and standards that vary across jurisdictions and domains. Fintech start-ups need to comply with these regulations to ensure the safety, security, and transparency of their operations and to protect the interests of their customers and stakeholders. However, compliance can be a costly and time-consuming process for early-stage companies, which may lack the resources, expertise, and experience to navigate the regulatory landscape. In this blog, we will discuss the main challenges faced by fintech start-ups in complying with regulations and provide some tips on how to overcome them.
Challenges Faced by Fintech Start-ups
The Regulatory Landscape Financial regulations are designed to protect consumers, maintain market stability, and prevent financial crimes. However, the regulatory environment is not static, but constantly evolving and adapting to the changing needs and challenges of the financial sector. Fintech startups, which offer innovative and disruptive solutions for various financial services, such as payments, lending, blockchain, and robo-advisors, need to keep up with the regulatory changes and comply with the relevant rules and standards. These rules and standards are set by various government bodies, such as the Securities and Exchange Commission (SEC), the Consumer Financial Protection Bureau (CFPB), and the Financial Industry Regulatory Authority (FINRA), which have different jurisdictions, objectives, and expectations. Fintech startups need to understand the regulatory landscape and its implications for their business models, operations, and customers.

Challenges Faced by Fintech Start-ups Fintech start-ups face several challenges in complying with regulations, which can affect their growth and success. Some of these challenges are:
Navigating Regulatory Compliance

Complex and Evolving Regulations: The fintech industry is constantly innovating and disrupting the financial sector, which requires the regulators to adapt and update their rules and standards accordingly. However, this can create uncertainty and confusion for the start-ups, as they have to keep track of the changing regulations across different regions and domains. Moreover, some regulations might be outdated or incompatible with the new technologies and business models of fintech, which can create and operational risks for the start-ups.

High Compliance Costs: Complying with regulations can be a costly and time-consuming process for fintech start-ups, especially in the early stages. They need to invest in legal and compliance expertise, systems, and processes, which can divert their resources from their core activities and innovation. Additionally, they might face penalties or sanctions if they fail to comply with the regulations, which can damage their reputation and customer trust.

Barriers to Entry: The stringent regulatory requirements can create barriers to entry for new players in the fintech industry. Established financial institutions might have an edge over the start-ups, as they have more resources and experience in dealing with the regulators and complying with the regulations. They might also have more influence and lobbying power in shaping the regulatory environment, which can favor their interests and hinder the competition from the start-ups.

Data Security and Privacy: Protecting sensitive customer data is a crucial aspect of fintech, as it involves handling personal and financial information of the users. Fintech start-ups need to comply with data security and privacy regulations, which can be a complex task in an interconnected digital world. They need to ensure the security and integrity of their data, systems, and networks, as well as the privacy and consent of their customers. They also need to be prepared for cyberattacks, data breaches, and identity theft, which can compromise their data and expose them to legal and financial liabilities.

Navigating Regulatory Compliance Fintech start-ups can take several steps to navigate the regulatory compliance challenges and ensure their success in the industry. Some of these steps are:
Conclusion:

Early Legal Counsel: Fintech start-ups should seek legal and compliance advice from experts who have experience and knowledge in the fintech domain. Legal counsel can help identify the relevant regulations, assess the compliance risks, and develop effective solutions to mitigate them.

Regulatory Mapping: Fintech start-ups should create a comprehensive map of all the applicable regulations, both at the national and international levels. This will help them understand the scope and requirements of compliance, and plan accordingly.

Collaborate with Regulators: Fintech start-ups should establish constructive and transparent relationships with the regulators. They should engage in proactive and regular dialogues to clarify the compliance expectations, and demonstrate their commitment and cooperation to address any issues and concerns.

Regulatory Technology (RegTech): Fintech start-ups should leverage RegTech solutions that use technology to simplify and automate compliance processes. RegTech can help reduce the compliance costs and time, and increase the compliance efficiency and accuracy.

Compliance Training: Fintech start-ups should ensure that all their employees are aware of the importance of compliance and receive adequate training. They should foster a culture of compliance that values ethical and responsible behavior, and encourages compliance reporting and feedback.

Scalable Compliance Solutions: Fintech start-ups should design their compliance infrastructure to be scalable and adaptable, allowing them to adjust to new regulations as they grow and expand. This will help them avoid compliance bottlenecks and delays in the future.

In the rapidly evolving fintech landscape, fintech regulatory compliance remains a pivotal challenge for start-ups seeking to revolutionize the financial industry. While the complex and ever-changing regulatory environment presents hurdles, innovative solutions and proactive strategies can enable fintech start-ups to navigate these challenges successfully. By prioritizing early legal counsel, comprehensive regulatory mapping, and fostering transparent collaboration with regulators, start-ups can proactively address compliance concerns and ensure adherence to relevant standards. Leveraging regulatory technology (RegTech) and fostering a culture of compliance through robust training and scalable infrastructure can further fortify their position in the competitive fintech sector.

As fintech continues to disrupt traditional financial models and redefine the customer experience, a strong emphasis on regulatory compliance not only ensures adherence to industry standards but also reinforces customer trust and confidence. By remaining vigilant and responsive to the dynamic regulatory landscape, fintech start-ups can secure a sustainable pathway to growth and innovation while upholding the integrity and security of the financial services they provide. Through a proactive and adaptive approach to regulatory compliance, fintech start-ups can solidify their position as key players in shaping the future of the financial industry.

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Regulatory Compliance and Fintech Start-ups: Navigating Early Challenges

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The fintech industry is transforming the financial sector with its innovative solutions and customer-centric approach.

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Understanding Common Causes of Property Ownership Disputes

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Understanding Common Causes of Property Ownership Disputes

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Statutory Compliances in the Chemical Industry: Best Practices to Avoid Disputes

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Statutory Compliances in the Chemical Industry: Best Practices to Avoid Disputes

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Understanding Common Causes of Property Ownership Disputes

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Understanding Common Causes of Property Ownership Disputes

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Property disputes in India are frequently rooted in complex and contentious issues, ranging from conflicting boundary demarcations to intricate inheritance disputes. The lack of a streamlined resolution mechanism often results in these conflicts languishing within the legal system, causing significant financial strain and emotional distress for the parties involved.

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Property disputes in India are frequently rooted in complex and contentious issues, ranging from conflicting boundary demarcations to intricate inheritance disputes. The lack of a streamlined resolution mechanism often results in these conflicts languishing within the legal system, causing significant financial strain and emotional distress for the parties involved. Disagreements concerning land boundaries can emerge due to unclear property delineations, while disputes over ownership often arise from flawed or incomplete property documentation. Inheritance conflicts may surface when there are ambiguities in property succession laws, leading to protracted legal battles among family members. Additionally, conflicts related to long-term property usage rights can spark debates over tenant rights, leases, or unauthorized occupation. Amidst these complexities, Legalpay provision of financial aid for legal proceedings can serve as a crucial support system, ensuring equitable access to justice and facilitating a more expeditious and equitable resolution of property disputes. By alleviating the financial burden associated with legal battles, Legalpay seeks to create a more accessible and fair legal landscape for individuals navigating property-related conflicts in India.

Through this article, we shall shed light on the common causes of property disputes and explore how Legalpay, with its financial assistance for legal proceedings, can play a pivotal role in ensuring a fair and timely resolution for all parties involved.
Understanding Common Causes of Property Ownership Disputes
Before, directly jumping onto how litigation finance can assist in resolving property ownership disputes, it's essential to understand some of the common causes of these disputes:

1. Boundary Disputes: These disputes arise when there is uncertainty regarding the demarcation between one's property and that of a neighbor, leading to disagreements over property lines.

2. Title Disputes: Title disputes occur when individuals contest the true ownership of a property due to unclear ownership documents, multiple claims to ownership, or instances where one party has deceived others into relinquishing their ownership rights.

3. Inheritance Conflicts: Inheritance conflicts often occur after the passing of a property owner, leading to disputes among family members regarding the rightful distribution of the property. These conflicts can stem from ambiguities in the will or differing interpretations among family members.

4. Adverse Possession Claims: Adverse possession claims arise when an individual uses someone else's land for an extended period, and the owner does not take any action. Subsequently, the individual using the land may claim legal ownership based on the duration of use.

5. Easement Disputes: Easement disputes involve disagreements over the rights to use or access specific areas of a property, such as shared driveways or pathways, leading to conflicts regarding the permissions and rights granted for the use of certain parts of the property.
The Role of Legalpay in Property Ownership Disputes:
Litigation financing , also known as legal funding, entails an external party providing financial assistance to one of the parties embroiled in a legal conflict. This aid serves to address the expenses related to the legal procedures and associated costs. In exchange, the funding entity typically receives a portion of the final settlement or judgment amount upon the case's favorable resolution. In the Indian context, Legalpay, a prominent litigation financer, extends comprehensive support by managing legal expenses through tailored frameworks such as "no win no fee" or "Legalpay Max." However, a pivotal question arises: how does LegalPay deliver this assistance? LegalPay facilitates this process through the following initiatives:
Conclusion
Navigating property ownership disputes can be a daunting and exhausting ordeal, impacting individuals emotionally and financially. However, Legalpay serves as a beacon of hope, offering a practical solution to ease the financial strains commonly associated with these conflicts. By extending crucial financial aid, Legalpay ensures that all parties have equitable access to necessary resources, empowering them to uphold their rights and pursue a just resolution. Through its comprehensive support, including leveling the financial playing field, fostering constructive negotiation, bolstering legal strategies, and mitigating associated risks, Legalpay plays a pivotal role in safeguarding the principles of fairness and equity within the realm of property ownership disputes. As a result, individuals can confidently pursue their legal rights, secure in the knowledge that they have a robust support system to navigate the complexities of the legal landscape.

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Understanding Common Causes of Property Ownership Disputes | Gadget

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Property disputes in India are frequently rooted in complex and contentious issues, ranging from conflicting boundary demarcations to intricate inheri...

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Statutory Compliances in the Chemical Industry: Best Practices to Avoid Disputes

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Statutory Compliances in the Chemical Industry: Best Practices to Avoid Disputes

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The chemical industry is an economic powerhouse responsible for the production of a vast array of chemical products, including pharmaceuticals, petrochemicals, specialty chemicals, and basic chemicals used as raw materials in various sectors.

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Statutory Compliances in the Chemical Industry: Best Practices to Avoid Disputes

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The chemical industry is an economic powerhouse responsible for the production of a vast array of chemical products, including pharmaceuticals, petrochemicals, specialty chemicals, and basic chemicals used as raw materials in various sectors.

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CHOOSING THE RIGHT DISPUTE RESOLUTION PATH: COURT TRIAL vs. ARBITRATION

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CHOOSING THE RIGHT DISPUTE RESOLUTION PATH: COURT TRIAL vs. ARBITRATION

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CHOOSING THE RIGHT DISPUTE RESOLUTION PATH: COURT TRIAL vs. ARBITRATION

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CHOOSING THE RIGHT DISPUTE RESOLUTION PATH: COURT TRIAL vs. ARBITRATION

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Disputes have always been an integral part of societal existence, encompassing a wide spectrum from personal conflicts to intricate civil, commercial, and trade disputes, among others. While Indian courts have historically served as the primary avenue for dispute resolution when amicable settlements fail, recent times have witnessed a notable shift towards alternative dispute resolution mechanisms.

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Backlinkget.com - High DA and PA Blog Posting Site 2023 -

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Disputes have always been an integral part of societal existence, encompassing a wide spectrum from personal conflicts to intricate civil, commercial, and trade disputes, among others. While Indian courts have historically served as the primary avenue for dispute resolution when amicable settlements fail, recent times have witnessed a notable shift towards alternative dispute resolution mechanisms. These alternatives, including mediation, negotiation, conciliation, and arbitration, have gained prominence due to their efficiency and effectiveness. As the years have passed, the traditional court procedures have become burdened, leading to the emergence of alternative dispute mechanisms, with arbitration emerging as a favoured method for expeditious resolution, particularly in contractual disputes. This article aims to delve into the comparative merits and demerits of , civil trials, and arbitration in the Indian context and provide insights into the preferred mode of dispute resolution in India.

A court trial refers to a judicial process wherein civil disputes or criminal disputes are adjudicated, which involves presenting evidence and arguments before a judge or magistrate, depending on the nature of the case. However, for the sake of this article, we shall be focusing on a civil trial. A trial typically commences with the framing of issues, followed by the examination or cross-examination of witnesses, the presentation of evidence, and legal arguments from both the prosecution and defense. A civil trial aims to ascertain the liability of parties in civil matters by adhering to the Indian , laws, and relevant precedents. The judge, based on the evidence presented and arguments advanced, delivers a judgement and/or decree. However, with the time taken by the Indian legal system, a need for alternative dispute resolution arises.

So, what are the limitations with respect to civil litigation?

One of the main limitations of litigation is that it is known for being a long-drawn-out process and, as a result, a costly affair where legal fees, court fees, and other associated costs can quickly add up, making litigation an expensive endeavor. The long, drawn-out process can be really tough for people who want their problems addressed and adjudicated quickly or for those who do not have a lot of money to spend on litigation. The competitive and confrontational style of court proceedings can make things expensive, as the people involved in a litigation end up fighting their dispute in court for a long time and at different stages and appeals.

One big advantage of court trials is that when the court makes a decision, people have to follow it, and it can be enforced by the law. If a party refuses to comply with a court's decision, the court can use its authority to enforce compliance, which may include fines, penalties, or any type of monetary compensation.
2. ARBITRATION: THE ALTERNATE PATH
Arbitration is a conflict resolution method in which the parties in dispute opt for an impartial third party, known as an arbitrator, to listen to their case and issue a binding verdict. It serves as a swifter and less formal alternative to conventional courtroom battles, offering the benefits of privacy and adaptability throughout the process. The arbitrator carefully examines the evidence and arguments put forth by each party before delivering a conclusive decision that holds legal weight. This approach is frequently favoured for settling a range of conflicts, including commercial and contractual disputes, among others.

In India, arbitration stands out as a swifter alternative to traditional court trials, mainly due to the well-known backlog problems plaguing the judicial system. The Indian courts often grapple with lengthy delays in settling disputes, which can be frustrating for all parties involved.

On the flip side, arbitration offers a breath of fresh air in this regard. It empowers disputing parties to handpick their arbitrators and set their own timetable for resolving the matter. This flexibility not only expedites the entire process but also ensures that it's a more time-efficient option. It's like having the steering wheel in your hands when it comes to navigating the course of your dispute resolution.

Privacy and confidentiality are two pillars of arbitration in India, making it an appealing choice for resolving disputes. Unlike court proceedings, arbitration keeps the details of the case away from public scrutiny. This means that sensitive business matters, trade secrets, and personal information remain shielded from prying eyes. Additionally, the strict confidentiality provisions in arbitration ensure that parties can speak candidly and freely during the proceedings without fear of public exposure. This atmosphere of confidentiality not only fosters a sense of trust between the disputing parties but also safeguards their valuable information, making arbitration a discreet and reliable option for resolving disputes in the Indian context. In the realm of arbitration, parties have the remarkable advantage of tailoring the rules and procedures to their liking, and they can kick start this process in a much more swift manner as compared to traditional litigation. What's more, the arbitrators themselves, carefully chosen by the parties, are bound by stringent confidentiality obligations. This commitment ensures that any sensitive information shared during the arbitration proceedings is safeguarded like a closely held secret. Such confidentiality measures play an invaluable role, particularly in the context of commercial and business disputes, where the protection of sensitive business dealings and proprietary information is of utmost importance.

The beauty of arbitration in India lies in its adaptability. One of its most significant advantages is the ability for parties to craft a custom-tailored procedure that suits their unique needs and preferences. This flexibility enables disputing parties to fashion the arbitration process precisely to their liking, from selecting the arbitrators to establishing the rules and timelines. This personalised approach ensures that the resolution process is not a one-size-fits-all affair but rather a finely tuned mechanism designed to address the specific intricacies of the dispute at hand. This advantage not only enhances efficiency but also promotes a sense of ownership and confidence in the arbitration process, making it an increasingly preferred method for resolving disputes in India.

The costing operates on a system that strives for fairness, but the costs associated with arbitration are typically shared between the disputing parties, which include arbitrator fees, administrative expenses, legal representation, and any other related costs. The Arbitration and Conciliation Act, 1996, allows for a flexible approach in determining these costs, and parties can mutually agree upon the fee structure with the arbitrators, which may vary based on the complexity and value of the dispute. In cases where an agreement is not reached, the court or the concerned arbitration institution may intervene to fix the fees.

According to the Arbitration and Conciliation Act of 1996, an arbitration award is regarded as the final word in dispute resolution, binding the parties involved. Typically, there's no direct avenue for appealing the award to a higher court based solely on the merits of the decision. However, in certain situations, there's a provision to challenge the award by filing an application to set it aside in court. This challenge is, however, limited to specific grounds, such as when a party is unable to participate, when the arbitration agreement itself is invalid, when due process hasn't been followed, or when the award contradicts India's public policy. The underlying principle here is to minimise judicial intervention, thereby preserving the effectiveness of arbitration as a trusted and efficient method for resolving disputes.
3. CHOOSING THE RIGHT PATH
The choice between opting for a court trial or arbitration necessitates thoughtful deliberation. In cases where transparency, the establishment of legal precedents, or exposure to the public eye hold significance, a court trial may be the preferred route. This is especially applicable to matters of significant public interest or those requiring the setting of legal benchmarks for future reference.

Conversely, when privacy, confidentiality, efficiency, and flexibility take precedence, arbitration emerges as a compelling alternative. Commercial disputes, delicate business affairs, or scenarios where parties seek greater control over the process often find arbitration to be a more fitting solution.

Several factors come into play when determining the suitable path for dispute resolution, including the nature of the dispute, the urgency of resolution, the complexity of the legal issues involved, and the parties' willingness to adhere to formal court procedures. Ultimately, selecting the right approach hinges on a meticulous assessment of the dispute's unique characteristics, the desired equilibrium between legal formalities, and a prompt, tailored resolution.
CONCLUSION
Ultimately, arriving at the correct choice for resolving a dispute, whether through litigation or arbitration, carries significant weight as it can significantly alter the outcome. Both options come with their own set of advantages and disadvantages, underscoring the importance of selecting the one that aligns most effectively with your specific circumstances. It's crucial to recognize that each avenue offers a unique set of strengths and weaknesses, so the decision you make can truly shape the course of your resolution process.

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CHOOSING THE RIGHT DISPUTE RESOLUTION PATH: COURT TRIAL vs. ARBITRATION - Backlinkget.com - High DA and PA Blog Posting Site 2023

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Disputes have always been an integral part of societal existence, encompassing a wide spectrum from personal conflicts to intricate civil, commercial, and trade disputes, among others.

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Hello, fellow entrepreneurs and startup enthusiasts! Today we will delve into a pressing issue that many startups’ owners encounter: the challenge of dealing with lawsuits, and in turn, not being able to focus on primary issues due to this higher litigation cost. It is prevalent that running a business is a money battle that is faced by startup owners, who go through numerous obstacles, including tight budgets, fierce competition, and the constant need for innovation.

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Hello, fellow entrepreneurs and startup enthusiasts! Today we will delve into a pressing issue that many startups' owners encounter: the challenge of dealing with lawsuits, and in turn, not being able to focus on primary issues due to this higher litigation cost. It is prevalent that running a business is a money battle that is faced by startup owners, who go through numerous obstacles, including tight budgets, fierce competition, and the constant need for innovation. In all of these tough situations, there's nothing more disheartening than having to deal with legal battles, especially when you are chasing down unpaid debts from vendors and third parties while future funding gets affected.

It's a scenario that's all too familiar: investing your hard-earned money and time into building your startup. You've delivered your cutting-edge product or service on time, filed invoices, and followed up every step of the way. You're hoping for a timely payment, but it never seems to happen. You try to get in touch with the parties involved, but you're inundated with excuses, delays, and promises that leave you frustrated, stressed, and exhausted. Let's take a look at how litigation finance can transform the lives of startup owners who are struggling with litigation costs.

What Are Litigation Finance Services for Startups?

Litigation finance services, also known as litigation funding or legal funding, offer startup owners a lifeline when it comes to managing the costs associated with legal disputes. These services allow start- ups to access the funds required to pursue legal action without straining their already tight budgets.

How Can Litigation Finance Services Benefit Your Startup?

Here's why litigation finance services can be a lifeline for startups:

Access to Legal Expertise: Startup owners often wear many hats, but being a legal expert may not be one of them. Navigating legal disputes and their intricacies can be both complex and The providers typically have a team of experienced legal professionals who understand the nuances of your case and can offer valuable insights. This helps you craft a strong legal strategy and increases your chances of a successful outcome. This expertise is a game-changer for startups facing legal challenges as it levels the playing field against larger, well-funded pockets.

Preserve Relationships: Relationships are crucial in the startup world, and it can be challenging to pursue legal action against suppliers, partners, or clients who you hope to work with again in the future. However, using a third party litigation funding provider can help you maintain these connections by keeping a professional distance from the debtor. By doing so, you can avoid the awkwardness and tension that frequently occur during legal

Speedy Resolution: Traditional litigation can be a lengthy and convoluted process, resulting in the consumption of your valuable time and resources. Litigation finance services can expedite the resolution of your case by not only providing the financial means to pursue your legal claim but also enabling a faster settlement or resolution, helping you get back to focusing on your core business objectives sooner.

Improved Cash Flow: Cash flow is king in the start-up world, but unpaid invoices and legal expenses can strain your finances, making it challenging to meet your financial obligations and invest in Litigation finance services provide the necessary cash infusion to improve your cash flow, enabling you to pay your bills, employees, and suppliers on time, ensuring the stability and sustainability of your startup.

Competitive Advantage: Access to litigation finance services can give your startup a competitive advantage, allowing you to pursue legal action when needed and ensuring that you're not taken advantage of by unscrupulous parties who might think your startup lacks the resources to enforce its

Risk Mitigation: The financial risk associated with the legal case is transferred to the litigation finance provider. If your case doesn't succeed, you typically won't have to repay the funds advanced, reducing the financial burden on your

Focus on Growth: Pursuing litigation can be an enormous distraction for a startup owner. Litigation finance services allow you to concentrate on growing your business while experts handle the legal

Professional Guidance: Many litigation finance providers have legal experts on their teams who can offer invaluable guidance and support throughout the legal

Cash Flow Management: Recovering unpaid debts can significantly improve your startup's cash flow, enabling you to meet essential operational needs and invest in

As a startup owner, the prospect of litigation costs can be daunting; however, litigation finance services offer a practical and strategic solution to this challenge. They empower you to navigate legal disputes efficiently, allowing your startup to stay on course and continue pursuing its mission.

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Hello, fellow entrepreneurs and startup enthusiasts!

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The Role of Third-Party Litigation Funding in Promoting Access to Justice and Social Change

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The Role of Third-Party Litigation Funding in Promoting Access to Justice and Social Change

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The Rise of Litigation Financing: A New Frontier in Indian Investments

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The Rise of Litigation Financing: A New Frontier in Indian Investments

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The Role of Third-Party Litigation Funding in Promoting Access to Justice and Social Change

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The Role of Third-Party Litigation Funding in Promoting Access to Justice and Social Change

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As we strive for greater access to justice and work towards fostering meaningful social change the role of this financial mechanism gains prominence. This innovative practice involves external entities providing financial resources to litigants in exchange for a share of the potential settlement or award as we navigate the intricate pathways of the Indian legal systems, we often find that justice is not solely about right versus wrong but it's also about resources and power.

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The Role of Third-Party Litigation Funding in P...

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The Role of Third-Party Litigation Funding in Promoting Access to Justice and Social Change – Tivixy

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As we strive for greater access to justice and work towards fostering meaningful social change the role of this financial mechanism gains prominence. This innovative practice involves external entities providing financial resources to litigants in exchange for a share of the potential settlement or…

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The Rise of Litigation Financing: A New Frontier in Indian Investments

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The Rise of Litigation Financing: A New Frontier in Indian Investments

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The way people invest and manage their finances in India is undergoing a significant transformation. Traditional methods like mutual funds, bonds, and stocks now face competition from innovative investment approaches, and one such emerging method is Litigation Financing. This avenue allows individuals to invest in legal cases and support those who cannot afford to pursue their rights in court.

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The Rise of Litigation Financing: A New Frontier in Indian Investments

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The way people invest and manage their finances in India is undergoing a significant transformation.

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THE IMPACT OF THIRD-PARTY LITIGATION FUNDING ON THE DYNAMICS AND OUTCOMES OF LITIGATION

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THE IMPACT OF THIRD-PARTY LITIGATION FUNDING ON THE DYNAMICS AND OUTCOMES OF LITIGATION

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Provisions in Litigation Funding Agreements

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Provisions in Litigation Funding Agreements

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Provisions in Litigation Funding Agreements

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THE IMPACT OF THIRD-PARTY LITIGATION FUNDING ON THE DYNAMICS AND OUTCOMES OF LITIGATION

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THE IMPACT OF THIRD-PARTY LITIGATION FUNDING ON THE DYNAMICS AND OUTCOMES OF LITIGATION

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Litigation is an essential avenue for seeking justice and resolving civil and criminal disputes, but the cost and complexity associated with legal proceedings can often deter individuals and entities from pursuing legitimate claims. In response to this traditional practice, third party litigation funding (TPLF) has emerged as a significant development in the legal landscape.

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Free Guest Posting and Guest Blogging Services - AuthorTalking

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Litigation is an essential avenue for seeking justice and resolving civil and criminal disputes, but the cost and complexity associated with legal proceedings can often deter individuals and entities from pursuing legitimate claims. In response to this traditional practice, third party litigation funding (TPLF) has emerged as a significant development in the legal landscape. TPLF involves the involvement of external financiers who provide funds to litigants in exchange for a portion of any monetary award or settlement obtained. However, this also sparks intense discussions regarding its impact on litigation dynamics and outcomes.
Significance of Third-Party Litigation Funding (TPLF)
The concept of TPLF is not new, but its prominence and influence have grown considerably in recent years, surpassing the old self-funding model. Historically, individuals and companies with limited financial resources might have been dissuaded from pursuing litigation due to the high costs of legal proceedings, expert witnesses, and administrative expenses. TPLF addresses this issue by allowing litigants to access the necessary funds to cover these expenses without incurring substantial financial risks upfront.

The significance of TPLF extends beyond addressing financial barriers. It introduces a new dimension to litigation by involving external parties who have a financial stake in the outcome, making it more justice-focused. However, this also raises questions about conflicts of interest, as funders may potentially influence litigation strategy and the overall fairness of the process.
Evolution and Growth of TPLF in the Legal Industry
TPLF involves a third party, such as an institutional investor or specialized funding entity, that provides financial resources to litigants to cover legal expenses in exchange for a share of any financial award or settlement. Essentially, TPLF transfers the financial risk from the litigant to the funder, allowing cases to proceed that might have otherwise been abandoned due to financial constraints.

The practice of TPLF has evolved significantly over the past few decades. It started gaining traction in the late 20th century, particularly in jurisdictions where contingent fees and conditional fee agreements were limited. Over time, TPLF expanded beyond personal injury cases to include commercial disputes, intellectual property litigation, and even class actions. As more legal cases became eligible for funding, more specialized firms emerged to provide these services.

The growth of TPLF is driven by multiple factors, including the increasing complexity and costs of litigation and the potential for substantial financial returns for funders. This practice has attracted attention from investors seeking diversified portfolios, as legal claims can be viewed as alternative assets with potentially high returns, creating an alternative investment option.
Mechanisms of Third-Party Litigation Funding
The process begins with a comprehensive case evaluation or due diligence, where firms identify potential cases suitable for funding by assessing the merits of the case, potential damages, and likelihood of success.

If the case meets the criteria, a funding proposal is formulated, outlining the terms of the arrangement, including the percentage of the eventual award or settlement that the funder will receive. Simultaneously, a rigorous due diligence process is initiated, involving an in-depth examination of various factors such as the litigation finance standing and the legal team's track record. After successfully completing the due diligence, the firm makes a decision regarding funding approval. Once the case is approved, the litigant gains access to the necessary financial resources to move forward with the case.
Types of Cases Funded
TPLF encompasses multiple areas of law, such as commercial disputes, breach of contract, intellectual property conflicts, and antitrust claims. Personal injury claims, such as medical malpractice, product liability, and wrongful death suits, also benefit from TPLF. Additionally, class action lawsuits, where a group of plaintiffs brings similar claims against a defendant, find funding through this mechanism. TPLF not only extends to international arbitration cases but also helps address the complexities of cross-border disputes by providing the necessary financial support.
Main Players in TPLF
Funders, including institutional investors, specialized funding firms, and high-net-worth individuals, provide the financial resources necessary for litigation. Law firms also play a crucial role in connecting litigants with funders while seeking funding to cover litigation costs. Litigants themselves, whether individuals or entities, bring forward legal claims seeking financial redress.
Pros and Cons of TPLF
TPLF serves several advantages for litigants. It enables access to justice for individuals and small businesses who might otherwise be deterred by the high costs associated with litigation. Moreover, litigants can pursue their claims with reduced financial risk, as they only reimburse funders in the event of a successful outcome. This arrangement allows litigants to focus on the merits of their case without being burdened by financial constraints.

However, the practice of TPLF is not without ethical and legal concerns. Conflicts of interest can arise when funders' financial motivations clash with the best interests of the litigants. TPLF has also raised questions about how to strike a balance between financial gains and the pursuit of justice. Additionally, funders' influence on case strategy can be a contentious issue, potentially pressuring litigants to prioritize quick settlements over maximizing their potential award. The lack of transparency regarding funders' involvement can also undermine the integrity of the legal process and erode public trust in the fairness of litigation outcomes.
Acceleration of Cases
The introduction of Third-Party Litigation Funding has contributed to a notable acceleration in the pace of litigation. With the presence of funders encouraging litigants to resolve cases efficiently, as the financial stakes are shared between the parties and the funder, the process is significantly accelerated. This acceleration has a significant impact on settlement negotiations, promoting healthier discussions between plaintiffs and defendants. It also leads to more streamlined trial proceedings. This newfound strength can compel defendants to re-evaluate their positions and potentially opt for settlement to mitigate the risks associated with prolonged litigation.

The widespread adoption of TPLF has led to an increased volume of cases being pursued that might have otherwise remained unresolved due to financial constraints. While this expansion of access to justice is commendable, it has also demonstrated a substantial impact on settlement rates.
Growth Projections
As TPLF gains further acceptance and recognition, it is likely to expand and reach across diverse jurisdictions and legal domains. This brings both growth opportunities and challenges for the legal industry. It will enhance access to justice by enabling the pursuit of legitimate claims while raising questions about how the legal profession and regulatory bodies can adapt to accommodate its evolving role.
Role of AI and Data Analytics
The current development in AI and data analytics will play a pivotal role in the TPLF ecosystem. AI-driven algorithms can aid funders in assessing the viability of cases more efficiently and accurately. Data analytics tools can provide insights into case outcomes, potential risks, and optimal funding strategies. However, this technological advancement also raises serious concerns about the ethical use of data, potential biases in algorithms, and the balance between human judgment and automated decision-making.
Future Outlook
The introduction of TPLF and the development of financing options have brought about significant changes in how litigation unfolds. It has democratized access to justice by allowing a broader range of litigants to pursue their claims. The influence of TPLF on case strategy, settlement dynamics, and litigant behavior must also be taken into consideration. The funding impact on the legal industry is undeniable, sparking discussions about ethics, transparency, and the need for adaptive regulations that preserve fairness.

Despite the strides made in understanding the impact of TPLF, several questions remain unanswered. Further research is needed to explore the long-term benefits of TPLF on the legal profession, court systems, litigation outcomes, and the evolving role of technology in TPLF decision-making. The implications of these developments require in-depth exploration.

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THE IMPACT OF THIRD-PARTY LITIGATION FUNDING ON THE DYNAMICS AND OUTCOMES OF LITIGATION - Free Guest Posting and Guest Blogging Services - AuthorTalking

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Litigation is an essential avenue for seeking justice and resolving civil and criminal disputes, but the cost and complexity associated

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Provisions in Litigation Funding Agreements

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Provisions in Litigation Funding Agreements

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Litigation Funding emerged as a crucial mechanism in the legal landscape offering litigants the financial support, they need to pursue their legal claims while mitigating the risks associated with litigation costs. In a Litigation Funding arrangement, a third-party funder provides funding to a party engaged in a legal dispute in exchange for a share of the recovery if the case is successful. Understanding the standard terms of a funding agreement in TPF is essential for all parties involved.

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Litigation Funding emerged as a crucial mechanism in the legal landscape offering litigants the financial support, they need to pursue their legal claims while mitigating the risks associated with litigation costs. In a Litigation Funding arrangement, a third-party funder provides funding to a party engaged in a legal dispute in exchange for a share of the recovery if the case is successful. Understanding the standard terms of a funding agreement in TPF is essential for all parties involved.

In the realm of litigation, funding agreements play a pivotal role in enabling parties to pursue their legal claims without bearing the full financial burden. These agreements establish a symbiotic relationship between the party seeking funding and the funder thus outlining their respective rights, obligations, and the mechanics of sharing the proceeds in case of success. The primary objective of a litigation funding agreement is to provide financial support to individuals or businesses who may not have sufficient resources to pursue their legal cases effectively. By partnering with a litigation funder, claimants can level the playing field against well-funded opponents, ensuring access to justice for all.

While pursuing the legal claim agreement, the party has some duties such as being diligent and responsible. This includes exercising reasonable care and skill in following legal advice, cooperating with the funder, and obtaining the funder's consent for significant actions such as incurring costs, discontinuing proceedings, or enforcing judgments. The party is also required to promptly report any material developments to the funder, while when we look at the Funder's responsibility.

The funder's responsibilities encompass reviewing the case's merits while covering agreed-upon costs (including legal fees and expenses) and potentially liaising with the legal team. In some jurisdictions, funders might also participate in strategic discussions with the lawyers to ensure alignment of interests and effective case management. In the event of a successful claim, the agreement also specifies how the proceeds will be distributed. This involves a predetermined "waterfall" structure, defining what constitutes "proceeds," and addressing set-off rights against outstanding costs. The funder's share of the proceeds is often determined through commercial negotiations influenced by the perceived risks associated with the case. The funder is also expected to represent its financial stability in lack of affiliations with the counterparty, impartiality regarding the case's merits and a lack of interest in the dispute's outcome. These representations underscore the funder's credibility and independence.

When we outline the agreement that specifies of assigning the rights to claim costs and subsidiary rights to the funder as security for the funding provided. In certain cases, funders may also seek the right to sell their interest to another party and termination of the agreement along with the associated consequences, are explicitly detailed. Termination triggers could include factors such as breach of obligations, changes in case circumstances or mutual agreement.

The confidentiality aspect of the agreement encompasses concealing the existence of funding, the funder's identity, case background, procedural status, strategies, recovery expectations, billing arrangements and litigation risks. Processes for legally required disclosures to regulators or under the law are also outlined. The data transfer by funder also outlines scenarios where the funder may share data with third parties, such as witnesses, experts, or insurance companies. This provision ensures that data sharing is limited to instances necessary for case management and in compliance with relevant privacy regulations.

Control over the litigation process is another crucial aspect covered in these agreements. Funders often want to ensure that their investment is being used strategically and efficiently. As a result, they might seek a degree of influence over decisions related to case strategy, settlement negotiations, and major legal tactics. However, these control provisions need to be balanced with the autonomy of the legal team and the funded party to avoid conflicts of interest or compromising the attorney-client relationship. Furthermore, some litigation funding agreements may also address the scenario of a potential change in circumstances, such as a change in law or regulations that might impact the case. These clauses define how parties would adapt and adjust the terms of the agreement to account for such changes.

Litigation funding agreements are complex legal instruments that set the framework for the relationship between parties and funders, define the distribution of proceeds, establish representations, govern termination, manage settlements, and regulate confidentiality and data sharing. These provisions collectively create a structure that allows parties to pursue their legal claims with external financial support while safeguarding the interests of both parties involved Overall, litigation funding agreements are multifaceted documents that require careful negotiation and drafting to ensure a fair and effective partnership between the funded party and the funder. These provisions collectively establish a comprehensive framework that not only supports the pursuit of legal claims but also manages the intricacies of financial arrangements, risk mitigation, decision-making authority, and adaptation to changing circumstances.

About The Author

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Provisions in Litigation Funding Agreements

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Litigation Funding emerged as a crucial mechanism in the legal landscape offering litigants the financial support, they need to pursue their legal claims while mitigating the risks associated with litigation costs. In a Litigation Funding arrangement, a third-party funder provides funding to a party engaged in a legal dispute in exchange for a share of the recovery if the case is successful.

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Elevate Legal Access with BNPL: The Legal Financing Solution

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Elevate Legal Access with BNPL: The Legal Financing Solution

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Discover the synergy of convenience and justice through legal financing with a twist of BNPL. Break down financial barriers while addressing legal needs in a seamless, affordable manner.

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Exploring Third Party Litigation Funding: Empowering Legal Pursuits with Litigation Finance

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Exploring Third Party Litigation Funding: Empowering Legal Pursuits with Litigation Finance

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Exploring Third Party Litigation Funding: Empowering Legal Pursuits with Litigation Finance

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Exploring Third Party Litigation Funding: Empowering Legal Pursuits with Litigation Finance

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In the realm of legal battles, the cost of pursuing justice can be a substantial barrier for individuals and businesses alike. However, a revolutionary solution has emerged in recent years that's changing the landscape of litigation – Third Party Litigation Funding.

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In the realm of legal battles, the cost of pursuing justice can be a substantial barrier for individuals and businesses alike. However, a revolutionary solution has emerged in recent years that's changing the landscape of litigation - Third Party Litigation Funding. Commonly referred to as litigation finance or legalpay, this innovative concept is transforming how cases are funded and providing access to justice that was once considered out of reach.

Understanding Third Party Litigation Funding
is a practice where a financially independent third party, often a specialized firm, provides funding to cover the costs associated with a legal dispute in exchange for a share of the potential settlement or award. This arrangement not only levels the playing field for individuals who may not have the financial resources to pursue a case but also allows businesses to mitigate the financial risks associated with litigation.
The Mechanics of Litigation Finance
In essence, litigation finance operates as a non-recourse investment. If the case is unsuccessful, the funding provider typically absorbs the loss, sparing the litigant from bearing the financial burden. If the case is successful, the funding provider receives an agreed-upon portion of the recovered amount. This arrangement aligns the interests of all parties involved and encourages funding providers to meticulously assess the viability of the cases they choose to invest in.
Key Advantages of Third-Party Litigation Funding
1. Access to Justice: One of the most profound benefits is the increased access to justice. Individuals and smaller entities can now assert their rights against well-funded opponents without being deterred by financial constraints.

2. Mitigated Risk: Businesses can offload the financial risks associated with litigation, protecting their assets and bottom line.

3. Expert Assessment: Litigation finance firms employ legal experts to assess the merit of cases. This stringent evaluation process ensures that only strong cases receive funding.

4. Strategic Leverage: Litigants can leverage third party litigation funding to negotiate settlements from a position of strength, knowing that they have the necessary resources to go the distance.
Navigating the Legal Landscape with Confidence
In recent years, has gained significant traction across various jurisdictions. The involvement of specialized firms has brought professionalism and transparency to the process. One notable example is , a leading provider of third-party litigation funding. They work closely with clients, attorneys, and businesses to provide tailored funding solutions that empower legal pursuits.
Conclusion
Third party litigation funding is ushering in a new era of access to justice and strategic litigation. With the support of litigation finance providers like LegalPay, litigants can pursue their legal rights without fearing the financial implications. As this field continues to evolve, more individuals and businesses will have the means to seek recourse through the legal system, ultimately fostering a fairer and more just society.

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Exploring Third Party Litigation Funding: Empowering Legal Pursuits with Litigation Finance

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In the realm of legal battles, the cost of pursuing justice can be a substantial barrier for individuals and businesses alike.

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Litigation Funding: A Win-Win Solution for Claimants and Litigants

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Litigation Funding: A Win-Win Solution for Claimants and Litigants

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Litigation Funding A Win-Win Solution for Claimants and Litigants

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Litigation Funding: A Win-Win Solution for Claimants and Litigants

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Litigation Funding: A Win-Win Solution for Claimants and Litigants

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“Litigation finance is the new email, not knowing what it is or how it works is simply not an option.”

Litigation funding, also known as third-party funding (TPF), has become a vital tool for businesses of all sizes to manage the financial risks associated with legal disputes.

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The Dos and Don'ts of Working with a Third Party Litigation Funder
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Litigation Funding: A Win-Win Solution for Claimants and Litigants
"Litigation finance is the new email, not knowing what it is or how it works is simply not an option."

, also known as third-party funding (TPF), has become a vital tool for businesses of all sizes to manage the financial risks associated with legal disputes. Contrary to popular belief, is not just for underdog battles but serves as a valuable resource for all parties involved in high-stakes litigation. In recent years, the global litigation finance industry has grown exponentially, offering support to both underdogs and well-backed parties in need of financial assistance.

It is significant to note that TPF stands acknowledged for civil suits under Order XXV Rule 1 of CPC. Further, the Indian judiciary has discussed TPF against the backdrop of litigation quite a few times now. Firstly, the Supreme Court's judgment in , wherein it was held that a lawyer himself financing his client's claim was illegal but there was no instituted restriction upon agreement in which the returns are reliant on the conclusion of the case is not prohibited per se unless the third party is also the advocate. Therefore, in effect, the bench prohibited solicitors from acting as the third party that finances the process on a contingency or success-based fee basis. third parties i.e. non-lawyers funding the litigation and being compensated post-conclusion. The ruling held that a reasonable agreement to provide funds for litigation in exchange for a share of the recovered property is not against public policy and is not illegal. However, such agreements must be carefully monitored; if they are extortionate, unconscionable, or made for illegitimate purposes, they must be invalidated. Additionally, in the case, the court opined that a

Benefits of Litigation Funding for companies and litigants in India
1.Ensuring Financial Stability

One of the primary benefits of litigation funding for claimants is the ability to maintain financial stability while pursuing legal action. Legal expenses can be significant, continuous, and burdensome, which can strain a business's cash flow. Litigation finance provides a mechanism for businesses to shoulder the financial burden of legal proceedings, allowing them to allocate their budget towards essential business operations instead.

By leveraging litigation funding, claimants can focus their funds on business essentials such as expansion, research and development, growth, marketing strategies, and appraisals. They no longer have to worry about diverting resources away from these critical activities to cover uncertain legal expenses, including attorney fees, court costs, and expert witness fees. Litigation finance covers all these costs, ensuring that the working capital remains accessible for significant business activities.

2. Non-recourse Funding

Litigation Financing offers non-recourse, which means that the funder gets paid only after a client receives the recovery. In the event of an unsuccessful outcome, the claimant is not obligated to repay the funding. This non-recourse nature of litigation finance minimizes the risk for claimants, as they are not burdened with additional financial obligations if their case does not yield the desired outcome.

3. Objective Analysis and Expertise

When engaging in litigation funding, the claimant has access to a fully-equipped diligence team which offers an objective analysis of portfolios for a better understanding and assessment of claims and their range with respect to "winnability".

Additionally, litigation finance can also offer prudent counsel as may be required during litigation. Pre- and during-litigation due diligence entails thorough research, check, and review of all documents and communication records essential to the agreement made with the defaulting party. This underwriting plays a significant role in deciphering the quantum of litigation, types of claims, and what degree and kind of legal approach would suit the portfolio best.

4. Access to claims otherwise difficult to pursue

Additionally, claims otherwise difficult and easier to reject individually are brought to the table and given due attention. Settlements are driven by sheer merit and not by imbalanced bargaining power. LegalPay offers support to clients' existing legal teams and to the one who requires getting in touch with legal representation.

5. Strengthened Settlement Leverage

In arbitration proceedings, litigation finance can enhance a claimant's settlement leverage. By partnering with a litigation funder, claimants send a strong signal to the opposing party that their claim has merit and that they are committed to pursuing recovery. This solidifies the claimant's position during negotiations and increases the likelihood of favourable settlement offers.

Furthermore, litigation funders can assist with the timely enforcement of awards when defendants prove uncooperative. By providing financial support and resources, litigation finance enables claimants to navigate the enforcement process effectively, ensuring that they can recover what is rightfully owed to them.

While offers numerous benefits to claimants, it is essential for them to understand and fulfil certain responsibilities to maintain a cooperative and transparent relationship with the litigation funder. By adhering to these responsibilities, claimants can ensure effective collaboration and maximize the value they receive from litigation finance.

1. Commencing the Claim

The first responsibility of claimants in litigation funding is to initiate the legal claim and engage the services of a litigation funder. Claimants must provide relevant information and documentation to the funder to assess the claim's viability and determine if it aligns with their investment criteria. This includes sharing details about the legal dispute, potential damages, and any supporting evidence.

2. Communication with the Funder

Maintaining clear and open communication with the litigation funder is crucial throughout the entire legal process. Claimants should keep the funder informed about any developments, including settlement offers, negotiations, or changes in the case. Regular updates help foster transparency and allow the funder to provide appropriate guidance and support.

3. Cooperation

Claimants have a responsibility to cooperate with the litigation funder during the legal proceedings. This includes providing access to relevant documents, participating in meetings or discussions, and actively engaging in the litigation process. By actively cooperating with the funder, claimants can ensure that the funder has all the necessary information to effectively support their case. This will give the funder appropriate measure to device strategy to win the case in the favour of the claimant.

4. Deciding Funding Terms

Another responsibility of claimants is to discuss and negotiate the terms of the funding agreement with the litigation funder. This includes determining the funding amount, the funder's share of the recovery, and how the funding fee may vary over different stages of litigation. Open and honest discussions about these terms ensure that both parties have a clear understanding of their obligations and expectations.

5. Compliance with the Funding Agreement

Claimants must comply with the terms and conditions outlined in the funding agreement. This includes providing regular updates to the funder, adhering to any reporting requirements, and promptly notifying the funder of any significant developments or changes in the case. Compliance ensures that both the claimant and the funder are on the same page throughout the legal process.

, litigation funding offers significant benefits for claimants, including financial stability, non-recourse financing, access to expertise, and strengthened settlement leverage. While Litigation Finance gains more credibility and recognition towards being a landmine of opportunities, India awaits its official acknowledgment as a concept that is in perfect sync with the law. While present discord has cleared the air about nothing being illegal about it, the industry tirelessly works towards a legal, certain stamp of approval that would end the ongoing debates in the best way.

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Litigation Funding: A Win-Win Solution for Claimants and Litigants

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Litigation finance is the new email, not knowing what it is or how it works is simply not an option.

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Legal and Debt Financing: A Comprehensive Guide for Business Funding

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Legal and Debt Financing: A Comprehensive Guide for Business Funding

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Discover the ins and outs of legal and debt financing. Learn about funding options, benefits, risks, and considerations. Explore various financing types and strategies to support your business growth and financial stability. Stay informed and make informed decisions in the complex world of business finance.

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Legal Funding | Legalpay Technology Private Limited

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LegalPay is India's only data-driven and tech-enabled alternative-investments platform specialising in legal and debt financing assets. We provide our massive investor network with access to flexible and innovative investment products to modernise their portfolio by including asset-backed alternatives. Our products democratise such investment opportunities through low ticket entry points making it accessible to a larger audience.

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Exploring Collaborative Opportunities: How Foreign Law Firms Can Enter the Indian Market Through Litigation Funders

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Exploring Collaborative Opportunities: How Foreign Law Firms Can Enter the Indian Market Through Litigation Funders

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Exploring Collaborative Opportunities How Foreign Law Firms Can Enter the Indian Market Through Litigation Funders

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Arbitration Proceedings During the Moratorium Period Under IBC

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Arbitration Proceedings During the Moratorium Period Under IBC

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Arbitration Proceedings During the Moratorium Period Under IBC

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Exploring Collaborative Opportunities: How Foreign Law Firms Can Enter the Indian Market Through Litigation Funders

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Exploring Collaborative Opportunities: How Foreign Law Firms Can Enter the Indian Market Through Litigation Funders

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Litigation finance is a form of funding where a third-party funder, usually an institutional investor or a law firm, finances a plaintiff's legal costs in exchange for a portion of the proceeds of a successful settlement or judgment. The litigation finance market in India is still in its early stages, but it is growing. Litigation finance is a relatively new concept in India, and there are only a few players in the market.

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Arbitration Proceedings During the Moratorium Period Under IBC

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Arbitration Proceedings During the Moratorium Period Under IBC

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In arbitration, a dispute is resolved by one or more arbitrators who then provide a binding decision based on the parties' agreement. Rather than going to court, parties choose arbitration as a private method of resolving disputes out of court. An arbitrator receives a dispute from the parties, he then examines the details, hears both sides, and finally makes a decision.

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In arbitration, a dispute is resolved by one or more arbitrators who then provide a binding decision based on the parties' agreement. Rather than going to court, parties choose arbitration as a private method of resolving disputes out of court. An arbitrator receives a dispute from the parties, he then examines the details, hears both sides, and finally makes a decision.

Arbitration clauses may be mandatory or optional, and the arbitrator's decision is binding. Disputes relating to private rights may be resolved through arbitration. It is much faster than traditional court proceedings and can be used to resolve both monetary and property disputes.
About Insolvency
Insolvency is defined as the inability of a person or business (the debtor) to repay their debts when they are due. There can be two forms of insolvency. First is cash-flow insolvency and the second is balance-sheet insolvency.

A person or business is considered to be cash-flow insolvent if they have the assets necessary to pay their debts in full but are short on an acceptable method of payment. For instance, a person has a large home and a costly vehicle but lacks the liquid assets necessary to pay off debts when they become due. Usually, negotiation is the best way to overcome the cash flow insolvency. For instance, the creditor can postpone collection efforts and wait until the car is sold and in consideration, the debtor agrees to pay the penalty.

A person or business is said to be balance-sheet insolvent if their assets are insufficient to pay off all of their debts. Bankruptcy may be filed by people or companies, but it is not always the case. Negotiations can often resolve issues without bankruptcy if all parties admit their losses. A corporation may still have enough cash on hand to pay its next obligation on time even though it appears to be insolvent on the balance sheet. Most regulations, nevertheless, forbid businesses from making this payment unless it directly benefits all creditors. For instance, an insolvent farmer might be permitted to employ workers to assist with crop harvesting because failing to harvest and sell the crop could be worse for its creditors.

The Insolvency and Bankruptcy Code, 2016 (IBC)
Insolvency and Bankruptcy Code, 2016(Code) is India's bankruptcy legislation that aims to strengthen the current structure by combining insolvency and bankruptcy under a unified body of law. The Code is in force with the intention of realizing maximum value from any suffering entity through expertise and strategy. The concept of a "moratorium" is one of the most significant aspects of the Code and is discussed under Section 14. To ensure that economically distressed debtors maximise the realisation of their assets, the moratorium offers a 'calm period'. Additionally, the moratorium ensures a favourable outcome without the concern of disbursing additional assets in concurrent proceedings, if any.
Arbitration proceedings during the moratorium period under IBC
Bar on arbitration proceedings during the moratorium period under IBC has long been a bone of contention. The High Courts' differing opinions made the position on suspending arbitral proceedings somewhat ambiguous. The definitive resolution to this issue was finally resolved in the Supreme Court's ruling in the Alchemist Case, which stated that any arbitration proceedings begun after the imposition of the Moratorium would instantly cease to exist in law. Due to the contractual requirement, the moratorium in the current case was proclaimed in favour of the insolvent party, and arbitration was requested. The tribunal held that in lieu of Section 14, the adjudicators must order a moratorium on any and every proceeding, including arbitrations against corporate debtors. Therefore, the arbitration proceedings in the aforementioned case were suspended as soon as the insolvency process began. The case of K.S. Oils Ltd. v. State Trade Corporation of India Ltd. & Anr. further emphasised that, while arbitration proceedings can be brought against a corporate debtor, if the result of the proceedings leads to recovery of debt, then the corporate debtor will be exempted from the same.
Conclusion
The 2016 Insolvency and Bankruptcy Code has given creditors significant financial and administrative assistance since its establishment. The coexistence of arbitration and insolvency processes has few exceptions. The purpose of the moratorium under IBC and the non-obstante clause under section 238 of IBC is to give breathing room to the distressed corporate debtor and to stop further depletion of the debtor's assets and resources. The moratorium period also enables the corporate debtor to create the most effective resolution strategy in accordance with IBC guidelines and to realise the full value of the business's assets. Keeping in mind the same reasoning courts have affirmed the supremacy of the moratorium under the IBC In numerous concurrent proceedings.

is one stop solution for business needs which provide funding to both arbitration and insolvency processes through Litigation Funding and Interim Finance.

For Arbitration cases LegalPay provides litigation funding to firms on non-recourse basis for legal burden in return for a portion of any financial recovery from the lawsuit.

For Insolvency processes LegalPay provides interim finance to firms under Corporate Insolvency Resolution Process to meet exigencies and protect the assets of the the companies.

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Arbitration Proceedings During the Moratorium Period Under IBC

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In arbitration, a dispute is resolved by one or more arbitrators who then provide a binding decision based on the parties' agreement. Rather than going to court, parties choose arbitration as a private method of resolving disputes out of court.

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LITIGATION FINANCE: A NEW TOOL FOR ACCESS TO JUSTICE

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LITIGATION FINANCE: A NEW TOOL FOR ACCESS TO JUSTICE

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LITIGATION FINANCE A NEW TOOL FOR ACCESS TO JUSTICE

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Litigation finance is a form of funding where a third-party funder, usually an institutional investor or a law firm, finances a plaintiff's legal costs in exchange for a portion of the proceeds of a successful settlement or judgment. The practice has gained traction in recent years in India, although it is still relatively new and not yet as widespread as in other parts of the world.

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LITIGATION FINANCE: A NEW TOOL FOR ACCESS TO JUSTICE

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LITIGATION FINANCE: A NEW TOOL FOR ACCESS TO JUSTICE

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Litigation finance is a relatively new concept in India, which has the potential to revolutionize access to justice for the common man. This essay will discuss what litigation finance is, the current state of access to justice in India, how litigation finance can benefit the common man, and how it can help improve access to justice.

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Litigation finance is a relatively new concept in India, which has the potential to revolutionize access to justice for the common man. This essay will discuss what litigation finance is, the current state of access to justice in India, how litigation finance can benefit the common man, and how it can help improve access to justice.

is a form of financing that allows individuals and companies to fund legal proceedings. It involves a third-party investor providing funds to cover legal costs and other expenses associated with a case. The investor receives repayment with interest only if the case is successful. This type of financing enables individuals and companies who may not have the financial resources to pursue their legal rights in court.

The Indian legal system has long been plagued by delays, backlogs, and a lack of resources. This has resulted in millions of cases being stuck in court for years without resolution or closure. This has made it difficult for ordinary citizens with limited resources to get their cases heard or get justice from the courts.

Access to justice is a fundamental right of every citizen of India, enshrined in the Constitution. However, the reality is that most citizens lack the resources to pursue their legal rights due to financial constraints. This has led to a situation where access to justice is limited only to those who can afford it. Litigation finance provides an opportunity for citizens who cannot afford legal fees or other costs associated with litigation, such as expert witness fees or court filing fees, to obtain financial assistance from third-party investors who are willing to fund their cases in exchange for a portion of the potential award or settlement.

Litigation finance can be beneficial for those who cannot afford legal fees or other related costs associated with pursuing their case in court. It allows them to have access to funds that would otherwise be unavailable due to their financial constraints. This can enable them to pursue their legal rights without having to worry about financial considerations getting in the way. Furthermore, litigation finance also helps reduce delays as it provides an incentive for lawyers and law firms to work on cases more quickly since they are assured of payment if they win the case.

Litigation finance helps provide access to justice by providing an alternative source of funding for those who cannot afford expensive legal fees or other related costs associated with pursuing their case in court. Additionally, it encourages lawyers and law firms to take up cases that may not have been taken up due to financial constraints as they are assured of payment if they win the case. Furthermore, litigation finance also helps reduce delays as it provides an incentive for lawyers and law firms to work on cases more quickly since they are assured of payment if they win the case.

has emerged as an answer in this regard, it is an Indian startup that provides legal and compliance services to businesses and individuals. It aims to simplify legal processes and make them more accessible and affordable for everyone. Some of the services offered by LegalPay include , and LegalPay Max.

In conclusion, litigation finance is a relatively new concept that has potential benefits for those seeking access to justice in India. It provides an alternative source of funding which allows individuals and companies who may not have had access otherwise due to financial constraints, enabling them to pursue their legal rights without worrying about financial considerations getting in the way. Additionally, it encourages lawyers and law firms to take up cases that may not have been taken up due to financial constraints as they are assured of payment if they win the case thus helping reduce delays as well as improving access to justice overall.

1) Kumar S., (2020). Litigation Finance: A New Tool for Access to Justice in India? Available at: https://www.lexology.com/library/detail.aspx?g=e2b6a7e2-c1d0-4f44-9fb9-fcec68b6a817 [Accessed 22 Jan 2021]

2) Iyer S., (2020). Litigation Financing - A New Tool for Access to Justice in India? Available at: https://www.mondaq.com/india/litigationdisputeresolution/956873/litigation-financing--a-new-tool-for-access-to-justice [Accessed 22 Jan 2021]

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LITIGATION FINANCE: A NEW TOOL FOR ACCESS TO JUSTICE

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Litigation finance is a relatively new concept in India, which has the potential to revolutionize access to justice for the common man. This essay will discuss what litigation finance is, the current state of access to justice in India, how litigation finance can benefit the common man, and how it can help improve access to justice.

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The Current Scenario of Third-Party Litigation Funding in India

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The Current Scenario of Third-Party Litigation Funding in India

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The Current Scenario of Third-Party Litigation Funding in India

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The Current Scenario of Third-Party Litigation Funding in India

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The Current Scenario of Third-Party Litigation Funding in India

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Third-party litigation funding (TPLF) is an arrangement whereby a third party, usually a professional investor, provides finance to a claimant or litigant in return for a share of any damages or settlement awarded by the court. It has been gaining prominence in recent years as it provides an opportunity for individuals to pursue legal claims without bearing the financial burden of litigation costs.

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(TPLF) is an arrangement whereby a third party, usually a professional investor, provides finance to a claimant or litigant in return for a share of any damages or settlement awarded by the court. It has been gaining prominence in recent years as it provides an opportunity for individuals to pursue legal claims without bearing the financial burden of litigation costs. In India, TPLF is still at a nascent stage. There are very few players offering this service, and most of them are start-ups. The industry is highly unregulated, as there are no specific regulations governing this sector.

This article will discuss the current scenario of third-party litigation funding in India and its potential future.
Developments in the Recent Time
There has been a growing trend towards third-party litigation funding in India over the last few years. This has been driven by various factors, such as increasing awareness among litigants about their rights and the availability of more sophisticated legal services. Furthermore, several initiatives have been taken by the government to encourage this form of financing. For instance, in 2017, the Indian government amended its Companies Act to allow companies to provide financial assistance for legal proceedings on behalf of their shareholders. There were also some changes made to legal statutes, including the Code of Civil Procedure (CPC), 1908 and the Arbitration and Conciliation Act, 1996. These regulations provide a framework for third-party litigation funders to operate within, as well as protect investors. The current landscape is also seeing an increase in the number of private equity firms investing in litigation funding . This is due to the potential returns that can be made from such investments. Private equity firms can provide capital to litigants who may not have access to traditional financing options. The Supreme Court of India recently allowed certain categories of cases to be funded by third parties. This has opened up opportunities for those who are unable to bear the full financial costs associated with litigation but still wish to pursue their legal rights . Additionally, several companies have entered the market, offering different types of funding options such as pre-litigation, post-litigation, and contingency fee arrangements. These companies provide tailored solutions for different types of cases and can help litigants manage their legal costs more effectively. They are offering their services across various sectors, including civil and criminal matters, intellectual property disputes, and other forms of legal action.

LegalPay is India's only data-driven and tech-enabled alternative-investments platform specializing in legal and debt financing assets. In recent times, has become Asia's biggest Third-Party Litigation Funding platform for litigants and businesses looking for litigation financing options.
Limitations of Third-Party Litigation Funding
Despite its increasing popularity, there are still some barriers that need to be addressed before third-party litigation funding can be fully embraced by Indian society. One major issue is that there is still some uncertainty surrounding how these companies can operate within Indian laws as there are no specific regulations governing them yet. Another issue is that many litigants may be reluctant to use such services due to concerns about privacy or a lack of trust in such entities. Additionally, there may be some reluctance from investors due to concerns about returns on their investments or a lack of knowledge about how these services work. Furthermore, there is a lack of transparency when it comes to the pricing structures and terms offered by the companies in the market, making it difficult for potential clients to make informed decisions about whether or not to pursue this type of financing. Furthermore, there are also concerns about potential conflicts of interest between funders and litigants, which could lead to unethical practices such as "pay-to-win" arrangements where funders receive a larger share of any settlement or award than what was initially agreed upon.
Future of Third-Party Litigation Funding in India
Overall, the current landscape of third party litigation funding in India holds much promise for both investors and litigants alike. With the continued development of the regulatory framework and increased investment from venture capital firms and other institutional investors, this sector will likely continue to grow in importance over the coming years. Despite the challenges, it is clear that third-party litigation funding has great potential for growth in India due to its ability to provide access to justice for those who may not have the means otherwise. As more people become aware of its potential benefits and regulations become clearer around how these companies can operate legally within India's jurisdiction, this form of financing will likely continue to grow in popularity over time. With more investors becoming interested in this form of financing due to its potential returns on investment and increased transparency around how these services work, we will likely see further growth in this sector over time as well. More companies will enter this space, and competition will increase, which could lead to better terms and pricing structures being offered by funders as well as greater transparency around how these arrangements work. Additionally, regulatory bodies could also play an important role in ensuring that ethical standards are maintained when it comes to third-party litigation funding arrangements so that all parties involved benefit fairly from them. More education and awareness need to be provided so that individuals understand how TPLF works and can make informed decisions when considering it as an option for financing their legal claims. With these measures in place, third-party litigation funding will likely become increasingly popular over time as an alternative form of finance for individuals looking to pursue legal claims without having to bear all the costs themselves.

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The Current Scenario of Third-Party Litigation Funding in India

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(TPLF) is an arrangement whereby a third party, usually a professional investor, provides finance to a claimant or litigant in return for a share of any damages or settlement awarded by the court. It has been gaining prominence in recent years as it provides an opportunity for individuals to pursue legal claims without bearing the financial burden of litigation costs.

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LegalPay Max: New Currency of Legal Payments

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LegalPay Max: New Currency of Legal Payments

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LegalPay Max New Currency of Legal Payments

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LegalPay Max: New Currency of Legal Payments

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LegalPay Max: New Currency of Legal Payments

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According to the latest statistics, India Inc’s legal expenses jump 9% to Rs crore in FY22. On a year-on-year basis, legal and other professional expenses went up just about 4%. Legal expenses combined are more than 3 Lakh Crore with a growing CAGR of 12%. Companies and individuals have spent a fair share on professional fees, regulatory filings, penalties, and general stamp duty, besides on litigations and arbitrations, and expansion in newer geographies.

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EMBEDDED LENDING: SHAPING THE FUTURE OF DIGITAL LENDING SPACE

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EMBEDDED LENDING: SHAPING THE FUTURE OF DIGITAL LENDING SPACE

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EMBEDDED LENDING SHAPING THE FUTURE OF DIGITAL LENDING SPACE

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Buy now, Pay Later (BNPL) is the latest buzz word acquired by the internet used by every company as their payment solution. BNPL is a credit line extended to the subscriber/customer to purchase or make payments from their end. The amount has to be paid fully in various instalments, which eventually has to be paid in full.

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Buy now, Pay Later (BNPL) is the latest buzz word acquired by the internet used by every company as their payment solution. BNPL is a credit line extended to the subscriber/customer to purchase or make payments from their end. The amount has to be paid fully in various instalments, which eventually has to be paid in full. The difference between BNPL and credit card is the levying of interest on payment of the amount back in total. BNPL apps charge no interest until there is a default of payment from the customer's side. On default of payment within the stipulated time only a fixed amount is charged. As usage of BNPL does not affect a person's credit score, it can also be approved for a person who cannot apply for loans due to low credit score or no credit history.

In layman's terms, it's a payment method that lets you purchase something immediately, but pay for it over time instead of all at once. So, if you wanted to buy a new sofa for your living room, for example, you could use BNPL to purchase it and then pay for it in smaller installments over several months instead of having to pay the full price upfront. It's a popular option for people who may not have the money to pay for something upfront but still want to make the purchase. However, it's important to be aware that using BNPL can sometimes come with additional fees and interest charges, so it's important to read the terms and conditions carefully before using it.

The rise of the concept of BNPL can be explained in conjunction with changes in various socio-economic factors. The rise of BNPL can be attributed to a few factors. Firstly, with the growth of e-commerce and online shopping, consumers are looking for more convenient and flexible payment options. BNPL offers a way to make purchases without having to pay for them upfront, which can be especially appealing for larger purchases. Secondly, many people today are living on paychecks every month and may not have the funds to make a large purchase all at once. BNPL allows them to spread the cost over several smaller payments, making it more manageable and accessible. Finally, BNPL providers have made the process of applying and being approved for this type of payment method much easier and faster than traditional credit options, which has also contributed to its popularity. Overall, the rise of BNPL can be seen as a response to changing consumer needs and preferences, as well as advancements in technology and the financial industry.

The money-making business behind BNPL is not very clear to the customer. Overall, while offering BNPL can be a convenient payment option for consumers, it's important to be aware of any additional fees or charges that may be associated with it. While on the face of it the customers do not have to pay any extra charges on payments, BNPL companies make money in a few different ways.

1. Merchant fees: When a consumer uses BNPL to purchase a product, the BNPL provider charges the merchant a fee for processing the payment. This fee is typically a percentage of the purchase price and is how the BNPL provider earns revenue.

2. Late fees and interest charges: If a consumer is unable to make their payments on time, they may be charged late fees or interest charges. These fees can be a significant source of revenue for BNPL providers.

3. Referral fees: BNPL providers may also earn revenue through referral fees. For example, if a consumer uses BNPL to purchase a product from a particular retailer, the BNPL provider may receive a fee from that retailer for referring the consumer to them.

In India, various applications have emerged offering BNPL service on different conditions. Apps like Zest money BNPL, Freecharge Pay Later, Paytm Postpaid, ePayLater provide BNPL services without a subscription fee. To use MobiKwik ZIP app a nominal subscription fee is charged. LegalPay, a third-party litigation funder has launched LegalPay Max, a pay later product for businesses to execute their legal expenses in instalments. This is a first of its kind product in the legal field which promises to increase legal professional's clientele and reach. Providing diversified payment options eases the burden on the businesses in managing their legal and business expenditure. Ranging from various regulatory, compliance, arbitration and legal expenses, all is covered under a credit line which can be availed by the companies extending upto 50 lacs.

Due to ease in the usage of these platforms, safety concerns have mostly been overlooked by the consumers. Though BNPL works on the same lines of credit cards, they are not as regulated as them. For using such apps, usually a very soft credit check is done. Though a few apps take a thorough credit check, defaulting on these may affect the person's credit score. There are major risks associated with the unchecked and reckless usage of BNPL apps. While BNPL can be a convenient payment option, there are also some potential dangers to be aware of:

1. High interest rates: If you're unable to make your payments on time, you may be charged high interest rates and fees. These can quickly add up, and if you're not careful, you may end up owing more than you can afford to pay back.

2. Overcommitment: Since BNPL allows you to make purchases without paying for them upfront, it can be tempting to overspend and buy more than you can afford. This can lead to financial stress and difficulty making your payments on time.

3. Credit score impact: Using BNPL can also impact your credit score. Late payments or missed payments can harm your credit score, making it more difficult to obtain credit in the future.

4. Hidden fees: It's important to read the fine print carefully before using BNPL, as there may be hidden fees or charges that you're not aware of. Make sure you understand the terms and conditions before agreeing to use this payment method.

5. Limited consumer protection: Unlike traditional credit options, BNPL may not offer the same level of consumer protection. This can include things like fraud protection and dispute resolution, so it's important to be aware of what protections are in place before using BNPL.

Overall, while BNPL can be a useful payment option in certain situations, it's important to use it responsibly and be aware of the potential risks and dangers. A personal account of the finances and a careful understanding of BNPL's terms and conditions should be taken into consideration before using it.

INTRODUCTION:

Commercial disputes frequently arise between parties indulging in business and at times can result in a protracted, difficult legal battle for both parties. But in the current fast-paced commercial world, time is as valuable as money. Alternative Dispute Resolution (ADR) procedures, which have made it easier and more straightforward to settle disagreements between parties, are the answer to this problem. The use of arbitration as a primary ADR technique date back to the days of the village panchayat, when disagreements between individuals were arbitrated by the elders in accordance with the laws of natural justice.

Arbitration, to put it simply, is a way for parties to settle their differences outside of court. Typically, the most popular ADR techniques are negotiation, arbitration, mediation, and conciliation. ADR seeks to provide a quicker and easier manner of resolving disputes when the courts are understaffed and overloaded with cases.
ARBITRATION & TRADITIONAL LITIGATION: DEFINED
Arbitration is the resolution of a dispute outside of court by one or more (odd number) people chosen by both parties who serve as arbitrators. Arbitration is based on the consent of both the parties used with the cooperation of the parties to the dispute and as set forth in an arbitration agreement. The agreement must be in writing and state the parties' intent for the matter to be arbitrated, it can exist as clauses too in commercial contracts stipulating that parties will resort to arbitration in case a dispute arises whenever in future.

Legally, The Arbitration and Conciliation Act, 1996 states in Section 2(1)(a) that "Arbitration means any arbitration, whether or not administered by permanent arbitral institution." Alternative Dispute Resolution processes has many benefits, including cheaper costs, more procedural flexibility, higher confidentiality, a higher possibility of settlement, a choice of forum, a choice of options, etc. Arbitration is one of the most well-liked, commonly accepted, and utilized kinds of ADR.

On the contrary, Litigation is the process of taking an issue to court. A judge or jury hears the arguments from both sides and then makes a decision. Litigation is an ancient process too which involves determining issues through a Court. Due to the simplicity and expediency of dispute resolution compared to traditional litigation, ADR techniques like arbitration have gained popularity, and more and more businesses are choosing them over traditional litigation.

ARBITRATION AND TRADITIONAL LITIGATION: A COMPARITIVE ANALYSIS
Various benefits associated with arbitration are the guiding force for businesses to use arbitration as their primary dispute settlement mechanism:

1. Cost-effective: Going to court to resolve a dispute is a costly process. Arbitration is a considerably more economical method of resolving conflicts.

2. Speed: Another aspect of arbitration is speed. Generally, there are clear deadlines for passing awards, which leads to swift resolution of the situation. Arbitrators deal with fewer cases and lesser caseload.

3. Fairness: Arbitrators are typically chosen fairly because they are agreed upon by both parties to the agreement. No party shall have the sole discretion to select the arbitrator. Hence both the parties have an equal say.

4. Finality of Award: A further justification for choosing arbitration is the finality of an award. Awards made are final, therefore they put an end to disagreements between the parties.

5. Simple Procedure: As arbitration does not involve the courts, it is not subject to any applicable procedural laws. To hear arguments, take in evidence, and make decisions about awards, they are free to follow their own procedure.

6. Privacy: One of the main reasons to choose for arbitration is confidentiality. Arbitration hearings are private; hence, there is no record of the dispute kept for public use. As a result, any trade secrets or other sensitive business information is kept private between the parties.

7. Specialization: Parties may select an arbitrator who is knowledgeable in the legal issue at hand, such as corporate law.

As there appears to be a global shift away from legislative control and towards deregulation in all spheres of life, there also appears to be a comparable shift away from relying on strict legal agreements to resolve business disputes and towards the use of Alternative Dispute Resolution (ADR) procedures. Though litigation is often more formal and is associated with certain rules of decorum and formality but nonetheless, arbitration has emerged as the most opted procedure for business disputes that is most widely understood, particularly across international commercial marketplaces.

With an increasing global economic downturn and many other political, economic, cultural and social factors impacting the world, the use of arbitration for dispute settlement has become an increasing trend providing better quality decisions, with an increasing endeavor to make arbitration the future of dispute resolution not only at the domestic level but internationally too.

As a result, the present trend indicates that arbitration has been establishing itself as a leading and preferred way of conflict settlement in recent years. While "one size fits all" is not an answer to all disputes but it definitely is a successful alternative to time-consuming litigation.
For more information, please visit our website here: https://legalpay.in/

Alternative investments are a label for a distinct group of investments that set them apart from traditional investment options, which refers to long-only investments in cash or publicly traded stocks and bonds. Di

Investing in alternative investments requires specialised knowledge and/or skills. It may be necessary to manage illiquidity, do business on private markets, employ complex investment strategies, or use risk-return profiles that are considerably different from those of conventional long-only investments when investing in alternative assets.

Alternative investments have several advantages:

Great diversity due to greater investment availability and lower correlation with the traditional asset groups.

Possibilities to increase returns by enhancing the risk-return profile of the portfolio

Greater yields could result in a potential boost in return when compared to traditional investments, especially during times of low-interest rates.

Methods of Investing in Alternative Investments

Direct investing refers to an individual making all of the asset acquisitions himself as opposed to combining funds with others or hiring a professional outside manager. Larger, more experienced investors might invest in businesses or properties on their own.

Fund investing refers to investing in a pool of assets with other investors while using a fund manager who chooses and oversees the fund by a predetermined plan. Generally, fund managers have industry expertise of more than 15 years.

Co-investing entails an investor contributing to a pool of investment funds (similar to fund investing), but also having the option to make a direct investment alongside the fund manager in the assets that the manager invests in. Co-investing can reduce overall fees, give investors access to the manager's knowledge, and give them more control over asset management and selection.

All about Alternative Investment Fund
AIFs, a type of fund investing, are privately pooled investment vehicles that collect money from individual investors and invest it in alternative investments.

Over the past few years, capital has been pouring into Alternative Investment Funds (AIF). High Net Worth (HNW) and institutional investors, who can invest in exponentially higher amounts than the average investor, have been drawn to AIFs owing to strong returns and prospects for diversification.

AIFs in India might be where mutual funds were in 2009-2010. Over 900 AIFs are registered with SEBI, and between 2012 and 2022, capital commitments grew at a CAGR of 63%. AIFs are anticipated to expand in the future between 2022 and 2025 at a CAGR of 25%. The assets of AIFs have nearly doubled in the previous two years as wealthy investors and family offices seek greater portfolio diversification and higher risk-adjusted returns.

Category I AIF invested in early-stage businesses, SMEs, social enterprises, infrastructure, and other industries. These industries are viewed as desirable from an economic and social standpoint by the government or authorities.

Category II AIFs the funds that do not come under Categories I or III and do not borrow or use leverage for any purpose other than day-to-day operations

Category III AIFs are those funds that offer returns in a short period. To achieve their objectives, these funds employ sophisticated and varied trading tactics.

AIFs are divided into three major categories by the Securities and Exchange Board of India. Namely Category I, Category II, and Category III. Depending on the broad definition of the category, each investment falls under a different category.

AIFs are divided into three major categories by the Securities and Exchange Board of India, namely Category I, Category II, and Category III AIF. Depending on the broad definition of the category, each investment falls under a different category.
Conclusion
Over 80% of all AIF assets are held by Category II AIFs, which include real estate funds, private equity funds, funds for distressed assets, etc. As of March 2022, the assets in this category totalled 5.2 lakh crore, an increase of more than 46% from the previous year. An improved environment and attitudes toward private/tech businesses, particularly in light of the numerous significant exits made through M&A and IPOs, have been the primary drivers of category II growth. Geographically, 75% of all AIFs are located in Mumbai and Bengaluru. While locations like Bengaluru and New Delhi have category 1 AIFs, Mumbai-based funds are often category 2 and 3 AIFs.

All indications point to another banner year for alternative investments in 2022. The asset class has offered investors impressive returns and coupled with a general interest in diversification, this will likely result in continued capital inflows. Further evolution of the industry, such as the emergence of Litigation funding and Interim finance, will add more fuel to the fire.

Traditional investment pools are becoming more fragmented, which makes it difficult for them to generate alpha through product differentiation and innovation. In these situations, AIFs provide a fresh approach to product differentiation. At present, investors are exposed to traditional investment products (essentially direct investments, mutual funds and portfolio management services), however, these choices mostly serve to trade traditional securities. The need for alternative investments among investors is thus still unmet. As a result, AIFs are becoming popular platforms for launching themed and selected items. As the number of wealthy individuals and affluent people has increased, investors have become more demanding and in need of creative and innovative offerings with differentiated forms of managing risk and reward.

The demand for legal services exists in times of adversity as well as growth, as is evident from the Covid-19 situation. Even before 2021, legal costs in India were rising with each passing year but dipped in FY 2021 which was still 12.42% higher than FY 2019. Market difficulties, regulatory responses, stimulus programmes, changes in employment, and other stressors provide potential sources of demand for legal services.

India has acquired a reputation of an expensive legal system. For perspective, India's GDP in 1991 was $266 Billion and is expected to cross $5 Trillion by 2025. Such growth in the economy runs parallel to growing legal complexity. India's booming unicorn landscape has been a catalyst for a higher than ever investor & founder disputes. Debt and equity financing, private equity, mergers and acquisitions and venture capitalists are some areas that are witnessing increased commercial cases and arbitrations. This spectacular economic growth will fuel the Indian market for legal expenses as well. According to the Legal Services Authorities Act, 1987 (Government of India), Legal Service includes the rendering of any service in the conduct of any case or other legal proceeding before any court or other authority or tribunal and the giving of advice on any legal matter.

In FY 2020, legal expenses rose 9% to 38754 crores. It has been observed that when the economy doubles, the legal expenses triple. They are forecasted to be over 1 lakh crore by 2025 and 3 lakh crores by 2030. Increased FDI and shifting tax regimes have also contributed to increasing legal costs. For instance, Amazon spent Rs 8,546 crore ($1.2 Billion) in legal expenses during 2018-2020 to maintain its presence in India. Around 20% of Amazon's revenue was being spent on lawyer fees. The rise in demand for more sophisticated legal services was followed by rise in the supply as well. Despite that, the expenses kept soaring.

In FY2021, the pharmaceutical industry marked the highest legal spending at an aggregate of nearly Rs. 7595 crores while the telecom industry marked the highest spike in its legal expenses at a whopping 48.88% YoY change. The pharma sector was followed by Infotech, banks, finance and capital goods in terms of highest spenders. Out-of-court settlements are becoming more commonly practiced as companies try to save both time and money. The total legal spending of all the listed companies on Indian exchanges may sound big, but it is minuscule at just 0.47% of their total revenue and 0.59% of total expenditure. However, the recent trends suggest that this percentage is going to skyrocket later in this decade.

At a global level, In the last decade, the size of the market for legal services has nearly doubled where US companies spent 166% more on legal services than its counterparts. This is due to its complex corporate landscape and varying tax laws and other regulations in different states. Similarly, as India continues to adopt globalization, disputes with respect to finance, corporate restructuring, and governance such as ESG and intellectual property rights will demand that corporates increase their overall legal spending. This would exponentially expand the country's share in global legal expenses. While the growth of the legal industry portrays a promising story for the country, the harsh reality of the associated expenses being borne by the litigants also needs to be addressed.
The Burden of Legal Costs
"Let a lawsuit enter a household and rest assured, even the one who wins shall have lost everything." is a saying that has held true throughout generations. Today, fighting a case in a court of law is even more expensive than a decade ago. On 25th November National Law Day, the then-president of India Ram Nath Kovid said, "A relatively poor person cannot reach the doors of justice for a fair hearing only because of financial or similar constraints while it's in our constitutional values and republic ethics. It is a burden on our collective conscience." The factors behind litigation costs reaching heights are both direct and indirect. The courts are currently facing the mammoth task of clearing up a colossal number of pending cases. The longer previous cases are pending, the more expensive it becomes to pursue new cases. Some of the other factors include legal ignorance, improper framing of charges, lack of laws regulating the fees of professionals and so on. Despite the government initiatives to make legal battles a level-playing field, the ground reality remains that lack of funds significantly affects your ability to contest.

As per a survey by DAKSH, 90% of Indian litigants earn less than 3 lakh per annum and the median cost for this group is around Rs.16,000. As per Prashant Bhushan, a renowned public interest lawyer in the Supreme Court of India, 80% of our country is shut out of the judicial system as they cannot access lawyers in the first place and the quality of legal aid available to them is extremely poor. The Supreme Court is well aware of the problem. In Vinod Seth vs Devinder Bajaj, the apex court had observed: "Under no circumstances, costs should be a deterrent to a citizen with a genuine or bona fide claim, or to any person belonging to the weaker sections whose rights have been affected, from approaching the courts."

Just 1% of the respondents of the DAKSH survey were utilizing free legal services provided to the weaker sections who otherwise can't afford to pursue a litigation. It's not just the access to courts which is limited by financial barriers. Lack of funds is also the main reason why individuals do not meet the conditions for bail. While large conglomerates are building in-house capabilities by hiring veteran lawyers, smaller organizations are building systems and processes that can help them keep the spiralling costs in check. Apart from the exorbitant fees, complicated judicial process also makes it less accessible to ordinary citizens and smaller companies. Not everybody can afford to go through the process because the process is itself a punishing one. For a cash-strapped start-up, it becomes nearly unviable to go against a larger institution given the fact that the course of the litigation itself will drain all their financial resources with zero guarantee of a favourable judgement. The 240th Report of the Law Commission states: "A litigant, who starts the litigation, after some time, being unable to bear the delay and mounting costs, gives up and surrenders to the other side or agrees to settlement which is something akin to creditor who is not able to recover the debt, writing off the debt. This happens when the costs keep mounting and he realises that even if he succeeds, he will not recover the actual costs. Moreover, external recourse funding in the form of loans often come at high interest rates and thus, act as catalysts to the financial nightmare of litigation.
The quest for justice is undoubtedly an expensive one. But is there a way out?
The concept of litigation expenses has been existing for decades now in the western parts of the world. However, it is still at its nascent stage in India. LegalPay offers non-recourse funding to litigants who do have a strong case but lack the financial means to pursue it in order to get a settlement. Litigation funding creates a win-win situation by generating high returns from a cut of that settlement amount for the investors and by allowing the litigant to pursue the case at zero cost and zero risk. Due to the funding being non-recourse in nature, the litigant shall not be required to pay LegalPayanything in case the judgement is not in their favour. Even if the experienced professionals at LegalPay review the case using data-driven analytical tools and decide not to fund it, it would be indicative of the odds being stacked against them. in the case. 90% of applicants who LegalPay did not fund, decided not to pursue the case as it failed the preliminary test of meritocracy, thereby saving significant money which would otherwise have been spent on legal fees.

Shifting the burden of a litigation to a third-party funder is not just a powerful tool for risk mitigation, but would also play an instrumental role in contributing to the nation's GDP by allowing growth-oriented businesses to utilize their resources in expanding operations and innovating instead of getting them locked up in a legal case.
For original post visit: https://legal-pay-fund-services.blogspot.com/2022/09/legal-expenses-market-in-india.html

In litigation funding, an outsider can support fights in court as a trade-off for a part of the cash gathered from the repayment of the case(s). Litigation funding from litigation finance firm is becoming famous among organizations who can manage the cost of it yet don't maintain that the innate dangers of litigation should be a weight on their income or a wellspring of additional obligation. Many questions and bad behaviors can be settled with the assistance of litigation finance organizations.

Litigation support has various advantages, some of which are portrayed beneath: Productivity
Litigation finance is infamous for furnishing financial backers with uncommonly high benefits. Therefore, venture banks and other huge financial institutions have been attracted to this area of study. Mutual funds, for instance, have as of late communicated an interest in claim supporting too. You can take help from Legal Pay for legal and debt financing.
Inconsequential to some other ventures
Litigation funding is a phenomenal venture for financial backers since it isn't attached to any one monetary cycle. Subsequently, litigation funding appears to be unaffected by a decrease in the worth of different resources during a slump.
Admittance to the courtrooms
Litigation funding is great information for the overall population's admittance to the legal framework. Litigation funding guarantees that everybody can have a fair preliminary.
For original post visit: https://legal-pay-fund-services.blogspot.com/2022/08/utilizing-litigation-funding-to-your.html

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Buy now, Pay Later (BNPL ) is the latest buzz word acquired by the internet used by every company as their payment solution. BNPL is a credit line extended to the subscriber/customer to purchase or make payments from their end. The amount has to be paid fully in various instalments, which eventually has to be paid in full.

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EMBEDDED LENDING: SHAPING THE FUTURE OF DIGITAL LENDING SPACE

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EMBEDDED LENDING: SHAPING THE FUTURE OF DIGITAL LENDING SPACE

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Embedded lending is a form of financial product that combines traditional banking services with other products and services. It is a type of loan product that is offered to customers by banks or other financial institutions. Embedded lending provides customers with an opportunity to access funds for their businesses without having to go through the traditional banking process.

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is a form of financial product that combines traditional banking services with other products and services. It is a type of loan product that is offered to customers by banks or other financial institutions. Embedded lending provides customers with an opportunity to access funds for their businesses without having to go through the traditional banking process. This type of loan product has become increasingly popular in India, as it offers customers an alternative to traditional banking services.

Embedded lending offers several advantages to customers, including:

Despite its many benefits, there are some legal issues associated with embedded lending in India. These include:

In recent years, there have been several developments in embedded lending in India which have helped increase its popularity among businesses and consumers alike. These include:

A. The introduction of digital platforms such as mobile apps which allow customers to apply for loans quickly and easily without having to visit a bank branch or fill out paperwork manually;

B. The emergence of online lenders which offer competitive interest rates and flexible repayment terms;

C. The launch of new products such as peer-to-peer (P2P) lending platforms which allow individuals or businesses directly borrow from each other without involving banks or other intermediaries;

MAX has gained a lot of popularity amongst users looking for embedded financing options. The platform is an embedded financing platform to finance all types of legal expenses. It provides businesses with an option to avail of a credit line of up to 50 Lakhs for all types of legal and professional expenses such as transaction, regulatory, advisory, arbitration and other legal expenses and the same can be spread over a tenure of up to six months with no extra cost.

In recent years, several Indian banks have started offering embedded lending services to meet the growing demand for quick access to funds among Indian consumers. For example, ICICI Bank has launched "InstaMoney" - a service that allows customers to instantly transfer money from their bank accounts into any other bank account without having to fill out any paperwork or wait for approval from the bank's credit team. Similarly, HDFC Bank has launched "Credit Line" - a service that allows customers to borrow up to Rs 2 lakhs against their existing savings account balance without having to apply for a loan or provide any documentation or collateral security. These developments demonstrate the potential of embedded lending as an alternative form of financing in India.

The future looks bright for embedded lending in India as more banks are beginning to offer this type of loan product due to its various benefits such as lower interest rates, flexibility and quick access to funds compared with traditional banking services. Additionally, technological advancements such as mobile apps and online platforms have made it easier for customers to apply for loans quickly and securely without having to visit a bank branch or fill out paperwork manually. With these developments taking place, embedded lending will likely continue to grow in popularity among Indian consumers over the coming years.

In conclusion, embedded lending is a relatively new concept in the Indian financial landscape that offers numerous advantages for both lenders and borrowers alike including increased access to capital, lower interest rates, faster turnaround times, and improved customer service. However, there are certain challenges associated with this form of financing such as high default rates due to higher risks associated with this type of loan as well as a lack of legal framework governing these activities which need to be addressed by policymakers before this form can become more mainstream in India's financial sector.

1. Gupta, A., & Rajput, S., (2020). An Overview of Embedded Lending in India and its Benefits to Customers and Banks, Asian Journal Of Research In Banking & Finance, 10(6). https://www.researchgate.net/publication/342435019_An_Overview_of_Embedded_Lending_in_India_and_Its_Benefits_to_Customers_and_Banks_Alike?enrichId=rgreq-d3d3c7a8b59f2c1e9f11d4e9b00cb9de-XXX&enrichSource=Y292ZXJQYWdlOzM0MjQzNTAxOTtBUzoxMDIxNjU3Njg3NTUwNTZAMTU5OTk2ODA0MTQ1Nw%3D%3D&el=1_x_3&__oPStyle__=true

2. Sharma, A., & Kumar, M., (2019). Impact Of Digitalization On The Traditional Banking System In India. International Journal of Scientific Research And Management, 7 (5), 705-709.

http://www.ijsrmrpublishinggroup/ijsrmr/pdf/IJSRSMR19050110

3. Rajput, S., & Gupta, A., (2018). Evolution of Digital Banking in India. International Journal of Scientific Research and Management, 6 (7), 1722-1725. http://www.ijsrmrpublishinggroup/ijsrmr/pdf/IJSRSMR18070103

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EMBEDDED LENDING: SHAPING THE FUTURE OF DIGITAL LENDING SPACE

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is a form of financial product that combines traditional banking services with other products and services. It is a type of loan product that is offered to customers by banks or other financial institutions. Embedded lending provides customers with an opportunity to access funds for their businesses without having to go through the traditional banking process.

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ARBITRATION AND TRADITIONAL LITIGATION: A COMPARITIVE ANALYSIS

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ARBITRATION AND TRADITIONAL LITIGATION: A COMPARITIVE ANALYSIS

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ARBITRATION AND TRADITIONAL LITIGATION A COMPARITIVE ANALYSIS

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Use of technology in ADR: A case for Online Dispute Resolution (ODR)

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Use of technology in ADR: A case for Online Dispute Resolution (ODR)

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Use of technology in ADR  A case for Online Dispute Resolution (ODR)

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ARBITRATION AND TRADITIONAL LITIGATION: A COMPARITIVE ANALYSIS

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ARBITRATION AND TRADITIONAL LITIGATION: A COMPARITIVE ANALYSIS

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Commercial disputes frequently arise between parties indulging in business and at times can result in a protracted, difficult legal battle for both parties. But in the current fast-paced commercial world, time is as valuable as money. Alternative Dispute Resolution (ADR) procedures, which have made it easier and more straightforward to settle disagreements between parties, are the answer to this problem.

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INTRODUCTION:

Commercial disputes frequently arise between parties indulging in business and at times can result in a protracted, difficult legal battle for both parties. But in the current fast-paced commercial world, time is as valuable as money. Alternative Dispute Resolution (ADR) procedures, which have made it easier and more straightforward to settle disagreements between parties, are the answer to this problem. The use of arbitration as a primary ADR technique date back to the days of the village panchayat, when disagreements between individuals were arbitrated by the elders in accordance with the laws of natural justice.

Arbitration, to put it simply, is a way for parties to settle their differences outside of court. Typically, the most popular ADR techniques are negotiation, arbitration, mediation, and conciliation. ADR seeks to provide a quicker and easier manner of resolving disputes when the courts are understaffed and overloaded with cases.
ARBITRATION & TRADITIONAL LITIGATION: DEFINED
Arbitration is the resolution of a dispute outside of court by one or more (odd number) people chosen by both parties who serve as arbitrators. Arbitration is based on the consent of both the parties used with the cooperation of the parties to the dispute and as set forth in an arbitration agreement. The agreement must be in writing and state the parties' intent for the matter to be arbitrated, it can exist as clauses too in commercial contracts stipulating that parties will resort to arbitration in case a dispute arises whenever in future.

Legally, The Arbitration and Conciliation Act, 1996 states in Section 2(1)(a) that "Arbitration means any arbitration, whether or not administered by permanent arbitral institution." Alternative Dispute Resolution processes has many benefits, including cheaper costs, more procedural flexibility, higher confidentiality, a higher possibility of settlement, a choice of forum, a choice of options, etc. Arbitration is one of the most well-liked, commonly accepted, and utilized kinds of ADR.

On the contrary, Litigation is the process of taking an issue to court. A judge or jury hears the arguments from both sides and then makes a decision. Litigation is an ancient process too which involves determining issues through a Court. Due to the simplicity and expediency of dispute resolution compared to traditional litigation, ADR techniques like arbitration have gained popularity, and more and more businesses are choosing them over traditional litigation.

ARBITRATION AND TRADITIONAL LITIGATION: A COMPARITIVE ANALYSIS
Various benefits associated with arbitration are the guiding force for businesses to use arbitration as their primary dispute settlement mechanism:

1. Cost-effective: Going to court to resolve a dispute is a costly process. Arbitration is a considerably more economical method of resolving conflicts.

2. Speed: Another aspect of arbitration is speed. Generally, there are clear deadlines for passing awards, which leads to swift resolution of the situation. Arbitrators deal with fewer cases and lesser caseload.

3. Fairness: Arbitrators are typically chosen fairly because they are agreed upon by both parties to the agreement. No party shall have the sole discretion to select the arbitrator. Hence both the parties have an equal say.

4. Finality of Award: A further justification for choosing arbitration is the finality of an award. Awards made are final, therefore they put an end to disagreements between the parties.

5. Simple Procedure: As arbitration does not involve the courts, it is not subject to any applicable procedural laws. To hear arguments, take in evidence, and make decisions about awards, they are free to follow their own procedure.

6. Privacy: One of the main reasons to choose for arbitration is confidentiality. Arbitration hearings are private; hence, there is no record of the dispute kept for public use. As a result, any trade secrets or other sensitive business information is kept private between the parties.

7. Specialization: Parties may select an arbitrator who is knowledgeable in the legal issue at hand, such as corporate law.

As there appears to be a global shift away from legislative control and towards deregulation in all spheres of life, there also appears to be a comparable shift away from relying on strict legal agreements to resolve business disputes and towards the use of Alternative Dispute Resolution (ADR) procedures. Though litigation is often more formal and is associated with certain rules of decorum and formality but nonetheless, arbitration has emerged as the most opted procedure for business disputes that is most widely understood, particularly across international commercial marketplaces.

With an increasing global economic downturn and many other political, economic, cultural and social factors impacting the world, the use of arbitration for dispute settlement has become an increasing trend providing better quality decisions, with an increasing endeavor to make arbitration the future of dispute resolution not only at the domestic level but internationally too.

As a result, the present trend indicates that arbitration has been establishing itself as a leading and preferred way of conflict settlement in recent years. While "one size fits all" is not an answer to all disputes but it definitely is a successful alternative to time-consuming litigation.
For more information, please visit our website here: https://legalpay.in/

Alternative investments are a label for a distinct group of investments that set them apart from traditional investment options, which refers to long-only investments in cash or publicly traded stocks and bonds. Di

Investing in alternative investments requires specialised knowledge and/or skills. It may be necessary to manage illiquidity, do business on private markets, employ complex investment strategies, or use risk-return profiles that are considerably different from those of conventional long-only investments when investing in alternative assets.

Alternative investments have several advantages:

Great diversity due to greater investment availability and lower correlation with the traditional asset groups.

Possibilities to increase returns by enhancing the risk-return profile of the portfolio

Greater yields could result in a potential boost in return when compared to traditional investments, especially during times of low-interest rates.

Methods of Investing in Alternative Investments

Direct investing refers to an individual making all of the asset acquisitions himself as opposed to combining funds with others or hiring a professional outside manager. Larger, more experienced investors might invest in businesses or properties on their own.

Fund investing refers to investing in a pool of assets with other investors while using a fund manager who chooses and oversees the fund by a predetermined plan. Generally, fund managers have industry expertise of more than 15 years.

Co-investing entails an investor contributing to a pool of investment funds (similar to fund investing), but also having the option to make a direct investment alongside the fund manager in the assets that the manager invests in. Co-investing can reduce overall fees, give investors access to the manager's knowledge, and give them more control over asset management and selection.

All about Alternative Investment Fund
AIFs, a type of fund investing, are privately pooled investment vehicles that collect money from individual investors and invest it in alternative investments.

Over the past few years, capital has been pouring into Alternative Investment Funds (AIF). High Net Worth (HNW) and institutional investors, who can invest in exponentially higher amounts than the average investor, have been drawn to AIFs owing to strong returns and prospects for diversification.

AIFs in India might be where mutual funds were in 2009-2010. Over 900 AIFs are registered with SEBI, and between 2012 and 2022, capital commitments grew at a CAGR of 63%. AIFs are anticipated to expand in the future between 2022 and 2025 at a CAGR of 25%. The assets of AIFs have nearly doubled in the previous two years as wealthy investors and family offices seek greater portfolio diversification and higher risk-adjusted returns.

Category I AIF invested in early-stage businesses, SMEs, social enterprises, infrastructure, and other industries. These industries are viewed as desirable from an economic and social standpoint by the government or authorities.

Category II AIFs the funds that do not come under Categories I or III and do not borrow or use leverage for any purpose other than day-to-day operations

Category III AIFs are those funds that offer returns in a short period. To achieve their objectives, these funds employ sophisticated and varied trading tactics.

AIFs are divided into three major categories by the Securities and Exchange Board of India. Namely Category I, Category II, and Category III. Depending on the broad definition of the category, each investment falls under a different category.

AIFs are divided into three major categories by the Securities and Exchange Board of India, namely Category I, Category II, and Category III AIF. Depending on the broad definition of the category, each investment falls under a different category.
Conclusion
Over 80% of all AIF assets are held by Category II AIFs, which include real estate funds, private equity funds, funds for distressed assets, etc. As of March 2022, the assets in this category totalled 5.2 lakh crore, an increase of more than 46% from the previous year. An improved environment and attitudes toward private/tech businesses, particularly in light of the numerous significant exits made through M&A and IPOs, have been the primary drivers of category II growth. Geographically, 75% of all AIFs are located in Mumbai and Bengaluru. While locations like Bengaluru and New Delhi have category 1 AIFs, Mumbai-based funds are often category 2 and 3 AIFs.

All indications point to another banner year for alternative investments in 2022. The asset class has offered investors impressive returns and coupled with a general interest in diversification, this will likely result in continued capital inflows. Further evolution of the industry, such as the emergence of Litigation funding and Interim finance, will add more fuel to the fire.

Traditional investment pools are becoming more fragmented, which makes it difficult for them to generate alpha through product differentiation and innovation. In these situations, AIFs provide a fresh approach to product differentiation. At present, investors are exposed to traditional investment products (essentially direct investments, mutual funds and portfolio management services), however, these choices mostly serve to trade traditional securities. The need for alternative investments among investors is thus still unmet. As a result, AIFs are becoming popular platforms for launching themed and selected items. As the number of wealthy individuals and affluent people has increased, investors have become more demanding and in need of creative and innovative offerings with differentiated forms of managing risk and reward.

The demand for legal services exists in times of adversity as well as growth, as is evident from the Covid-19 situation. Even before 2021, legal costs in India were rising with each passing year but dipped in FY 2021 which was still 12.42% higher than FY 2019. Market difficulties, regulatory responses, stimulus programmes, changes in employment, and other stressors provide potential sources of demand for legal services.

India has acquired a reputation of an expensive legal system. For perspective, India's GDP in 1991 was $266 Billion and is expected to cross $5 Trillion by 2025. Such growth in the economy runs parallel to growing legal complexity. India's booming unicorn landscape has been a catalyst for a higher than ever investor & founder disputes. Debt and equity financing, private equity, mergers and acquisitions and venture capitalists are some areas that are witnessing increased commercial cases and arbitrations. This spectacular economic growth will fuel the Indian market for legal expenses as well. According to the Legal Services Authorities Act, 1987 (Government of India), Legal Service includes the rendering of any service in the conduct of any case or other legal proceeding before any court or other authority or tribunal and the giving of advice on any legal matter.

In FY 2020, legal expenses rose 9% to 38754 crores. It has been observed that when the economy doubles, the legal expenses triple. They are forecasted to be over 1 lakh crore by 2025 and 3 lakh crores by 2030. Increased FDI and shifting tax regimes have also contributed to increasing legal costs. For instance, Amazon spent Rs 8,546 crore ($1.2 Billion) in legal expenses during 2018-2020 to maintain its presence in India. Around 20% of Amazon's revenue was being spent on lawyer fees. The rise in demand for more sophisticated legal services was followed by rise in the supply as well. Despite that, the expenses kept soaring.

In FY2021, the pharmaceutical industry marked the highest legal spending at an aggregate of nearly Rs. 7595 crores while the telecom industry marked the highest spike in its legal expenses at a whopping 48.88% YoY change. The pharma sector was followed by Infotech, banks, finance and capital goods in terms of highest spenders. Out-of-court settlements are becoming more commonly practiced as companies try to save both time and money. The total legal spending of all the listed companies on Indian exchanges may sound big, but it is minuscule at just 0.47% of their total revenue and 0.59% of total expenditure. However, the recent trends suggest that this percentage is going to skyrocket later in this decade.

At a global level, In the last decade, the size of the market for legal services has nearly doubled where US companies spent 166% more on legal services than its counterparts. This is due to its complex corporate landscape and varying tax laws and other regulations in different states. Similarly, as India continues to adopt globalization, disputes with respect to finance, corporate restructuring, and governance such as ESG and intellectual property rights will demand that corporates increase their overall legal spending. This would exponentially expand the country's share in global legal expenses. While the growth of the legal industry portrays a promising story for the country, the harsh reality of the associated expenses being borne by the litigants also needs to be addressed.
The Burden of Legal Costs
"Let a lawsuit enter a household and rest assured, even the one who wins shall have lost everything." is a saying that has held true throughout generations. Today, fighting a case in a court of law is even more expensive than a decade ago. On 25th November National Law Day, the then-president of India Ram Nath Kovid said, "A relatively poor person cannot reach the doors of justice for a fair hearing only because of financial or similar constraints while it's in our constitutional values and republic ethics. It is a burden on our collective conscience." The factors behind litigation costs reaching heights are both direct and indirect. The courts are currently facing the mammoth task of clearing up a colossal number of pending cases. The longer previous cases are pending, the more expensive it becomes to pursue new cases. Some of the other factors include legal ignorance, improper framing of charges, lack of laws regulating the fees of professionals and so on. Despite the government initiatives to make legal battles a level-playing field, the ground reality remains that lack of funds significantly affects your ability to contest.

As per a survey by DAKSH, 90% of Indian litigants earn less than 3 lakh per annum and the median cost for this group is around Rs.16,000. As per Prashant Bhushan, a renowned public interest lawyer in the Supreme Court of India, 80% of our country is shut out of the judicial system as they cannot access lawyers in the first place and the quality of legal aid available to them is extremely poor. The Supreme Court is well aware of the problem. In Vinod Seth vs Devinder Bajaj, the apex court had observed: "Under no circumstances, costs should be a deterrent to a citizen with a genuine or bona fide claim, or to any person belonging to the weaker sections whose rights have been affected, from approaching the courts."

Just 1% of the respondents of the DAKSH survey were utilizing free legal services provided to the weaker sections who otherwise can't afford to pursue a litigation. It's not just the access to courts which is limited by financial barriers. Lack of funds is also the main reason why individuals do not meet the conditions for bail. While large conglomerates are building in-house capabilities by hiring veteran lawyers, smaller organizations are building systems and processes that can help them keep the spiralling costs in check. Apart from the exorbitant fees, complicated judicial process also makes it less accessible to ordinary citizens and smaller companies. Not everybody can afford to go through the process because the process is itself a punishing one. For a cash-strapped start-up, it becomes nearly unviable to go against a larger institution given the fact that the course of the litigation itself will drain all their financial resources with zero guarantee of a favourable judgement. The 240th Report of the Law Commission states: "A litigant, who starts the litigation, after some time, being unable to bear the delay and mounting costs, gives up and surrenders to the other side or agrees to settlement which is something akin to creditor who is not able to recover the debt, writing off the debt. This happens when the costs keep mounting and he realises that even if he succeeds, he will not recover the actual costs. Moreover, external recourse funding in the form of loans often come at high interest rates and thus, act as catalysts to the financial nightmare of litigation.
The quest for justice is undoubtedly an expensive one. But is there a way out?
The concept of litigation expenses has been existing for decades now in the western parts of the world. However, it is still at its nascent stage in India. LegalPay offers non-recourse funding to litigants who do have a strong case but lack the financial means to pursue it in order to get a settlement. Litigation funding creates a win-win situation by generating high returns from a cut of that settlement amount for the investors and by allowing the litigant to pursue the case at zero cost and zero risk. Due to the funding being non-recourse in nature, the litigant shall not be required to pay LegalPayanything in case the judgement is not in their favour. Even if the experienced professionals at LegalPay review the case using data-driven analytical tools and decide not to fund it, it would be indicative of the odds being stacked against them. in the case. 90% of applicants who LegalPay did not fund, decided not to pursue the case as it failed the preliminary test of meritocracy, thereby saving significant money which would otherwise have been spent on legal fees.

Shifting the burden of a litigation to a third-party funder is not just a powerful tool for risk mitigation, but would also play an instrumental role in contributing to the nation's GDP by allowing growth-oriented businesses to utilize their resources in expanding operations and innovating instead of getting them locked up in a legal case.
For original post visit: https://legal-pay-fund-services.blogspot.com/2022/09/legal-expenses-market-in-india.html

In litigation funding, an outsider can support fights in court as a trade-off for a part of the cash gathered from the repayment of the case(s). Litigation funding from litigation finance firm is becoming famous among organizations who can manage the cost of it yet don't maintain that the innate dangers of litigation should be a weight on their income or a wellspring of additional obligation. Many questions and bad behaviors can be settled with the assistance of litigation finance organizations.

Litigation support has various advantages, some of which are portrayed beneath: Productivity
Litigation finance is infamous for furnishing financial backers with uncommonly high benefits. Therefore, venture banks and other huge financial institutions have been attracted to this area of study. Mutual funds, for instance, have as of late communicated an interest in claim supporting too. You can take help from Legal Pay for legal and debt financing.
Inconsequential to some other ventures
Litigation funding is a phenomenal venture for financial backers since it isn't attached to any one monetary cycle. Subsequently, litigation funding appears to be unaffected by a decrease in the worth of different resources during a slump.
Admittance to the courtrooms
Litigation funding is great information for the overall population's admittance to the legal framework. Litigation funding guarantees that everybody can have a fair preliminary.
For original post visit: https://legal-pay-fund-services.blogspot.com/2022/08/utilizing-litigation-funding-to-your.html

The world has entered a phase where we cannot rule out the possibility of a global recession. The global economy has slowed down due to the compounding damage done by the covid 19 and the outbreak of the Russian-Ukraine war. As the capital markets are falling and inflation is rising, we need to realise that our money's value is depreciating daily. Many investors across the world have started to take a shift from traditional ways of investing to alternative investment opportunities. Alternative investments are non-conventional financial assets. Stocks, bonds, and cash are common. Private equity, venture money, hedge funds, managed futures, art, antiques, commodities, and derivatives are alternative investments.

With their complicated nature and high degree of risk, most alternative investments are owned by institutional investors or high-net-worth individuals. Compared to mutual funds and exchange-traded funds, many alternative investments have higher minimum investments and fees (ETFs). These investments, on the other hand, don't have as much chance to publicise their results and attract new investors.

With emergence of alternative investments one opportunity to look forward to, is the legal and debt asset classes. The legal and debt assets hold a high value of ROI and are not affected my external market factors but based on strategic and diligent investing. In India, litigation financing is becoming more popular. People and companies worldwide turn to litigation finance as a well-established sector for help paying for their legal battles. Claims are financed by third-party financiers, who provide the money to the plaintiff so that they may present their arguments in court or before an arbitration panel. The return on investment for the financier is a specified percentage of the monetary relief the claimant obtains due to the legal or settlement procedure.

To understand how these investments work, one needs to know that the outcome of the investment is not based on the dynamic economic environment but is based on the due diligence done by the funder. This due diligence and risk assessment is a multi-level process in which the case's viability is checked based on legal merits, financial potentiality, and operational costs. Once the case fulfils all the pre requisites, it is deemed fit to be funded. Litigation in India is costly, and only institutional investors can afford to invest.

To invite retail investors in investing into such an asset class has emerged LegalPay. Legalpay is an alternative investment platform for retail and institutional investors who want to invest their money in legal and debt assets. The company is involved in third party financing, where it allocates funds in financing commercial litigations and arbitrations cases that are found to be funded and take pre-determined fees on successful litigation.

One other tangent of such asset class is investing in interim finance. It is nothing but a short-term, highly secured loan of six to twelve months issued to enterprises experiencing insolvency and is used to cover urgent operating expenditures, such as payments to professionals, staff, security personnel and so on. Legalpay made its first and highly successful exit from financing Yashomati Hospital which was facing insolvency. Interim finance was provided by Legalpay for bearing the operational costs, which kept things running until the resolution of insolvency. This exit came with the revival of the hospital and high returns for the investors.

Investing in such kind of alternate investments helps in the protection of portfolios. One can protect their investments by diversifying their investment into various alternatives to mitigate the risk of losing money. Third party financing has turned out to be a great success in the European market where funders are not only thriving but competing in maximising their returns. India is on the emerge to observe the potentiality of the legal and debt asset class, what it holds in the future and why it is a great way of investing.
For original post visit: https://legal-pay-fund-services.blogspot.com/2022/07/do-we-realise-potential-of-legal-asset.html

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ARBITRATION AND TRADITIONAL LITIGATION: A COMPARITIVE ANALYSIS

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INTRODUCTION: Commercial disputes frequently arise between parties indulging in business and at times can result in a protracted, difficult legal battle for both parties. But in the current fast-paced commercial world, time is as valuable as money. Alternative Dispute Resolution (ADR) procedures, which have made it easier and more straightforward to settle disagreements between parties, are the answer to this problem.

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Use of technology in ADR: A case for Online Dispute Resolution (ODR)

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Use of technology in ADR: A case for Online Dispute Resolution (ODR)

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Introduction of Alternative Dispute Resolution (ADR) in dispute redressal mechanism is a revolutionary step in itself. The primary objective of alternative dispute resolution (ADR) is to resolve disputes between parties in a friendly manner with minimal involvement of the judiciary.

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Use of technology in ADR: A case for Online Dispute Resolution (ODR)

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Introduction of Alternative Dispute Resolution (ADR) in dispute redressal mechanism is a revolutionary step in itself.

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Online Dispute Resolution: A New Frontier for Conflict Resolution

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Online Dispute Resolution: A New Frontier for Conflict Resolution

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Online Dispute Resolution A New Frontier for Conflict Resolution

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Online Dispute Resolution: A New Frontier for Conflict Resolution

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Online Dispute Resolution: A New Frontier for Conflict Resolution

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Online dispute resolution (ODR) refers to the use of technology, specifically the internet, to facilitate the resolution of disputes between parties. It is a relatively new field that has grown in popularity in recent years, particularly due to the increase in online transactions and the convenience of resolving disputes remotely.

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Online dispute resolution (ODR) refers to the use of technology, specifically the internet, to facilitate the resolution of disputes between parties. It is a relatively new field that has grown in popularity in recent years, particularly due to the increase in online transactions and the convenience of resolving disputes remotely. ODR can take various forms, including mediation, arbitration, and negotiation, and can be used in a variety of contexts, such as consumer disputes, intellectual property disputes, and employment disputes.

ODR is more accessible than traditional methods, particularly for parties who live in different countries or who have mobility issues. ODR allows parties to participate in the dispute resolution process remotely, using their own devices, rather than requiring them to travel to a physical location. This can make the process more convenient and less burdensome for parties, and can also help to reduce the costs associated with dispute resolution.

ODR can also be more flexible than traditional methods, as it allows parties to customize the dispute resolution process to meet their specific needs and preferences. For example, parties can choose the type of ODR process that they wish to use, such as mediation or arbitration, and can also negotiate the terms of the process, such as the language used, the timing of the process, and the location of the process. This can allow parties to find a resolution that works for them, rather than being bound by the rules and procedures of a traditional court system.

ODR can be an effective and efficient way to resolve disputes in many cases. To ensure that ODR processes are fair and effective, it is important for parties to carefully consider the terms of the process, including the qualifications and impartiality of the ODR provider, the rules and procedures that will be followed, and the enforceability of the decision. It is also important for parties to seek legal advice if they are unsure about their rights or if they are dealing with a high-stakes dispute.
Advantages of online dispute resolution
There are several advantages to using online dispute resolution (ODR) to resolve disputes:
Future of online dispute resolution
The future of online dispute resolution (ODR) looks bright, as the use of technology to facilitate the resolution of disputes is likely to continue to grow in popularity. The convenience, accessibility, and cost-effectiveness of ODR are likely to make it an attractive option for individuals and businesses seeking to resolve disputes remotely.

There are also likely to be developments in the types of ODR processes and technologies available, as more and more people become familiar with and comfortable using ODR. For example, there may be an increase in the use of artificial intelligence (AI) and machine learning to assist with the dispute resolution process, such as the use of AI to analyze and interpret data or to provide recommendations for resolution.

The use of blockchain technology may also become more prevalent in the field of ODR, as it can provide a secure and transparent record of the dispute resolution process. This could be particularly useful in cases where there is a need to establish a clear chain of custody or to verify the authenticity of documents or other evidence.

In addition to these technological developments, there may also be regulatory changes that impact the use of ODR. For example, governments may adopt laws or regulations that recognize and enforce ODR decisions, or that establish standards for the use of ODR in specific contexts, such as consumer disputes or employment disputes.

Overall, the future of ODR looks promising, as it offers a convenient, accessible, and cost-effective way to resolve disputes in the digital age. As technology and regulatory frameworks continue to evolve, ODR is likely to become an increasingly important and widely used tool for resolving disputes.
Conclusion
In conclusion, online dispute resolution (ODR) has the potential to revolutionize the way disputes are handled. It offers many advantages over traditional methods, including lower costs, increased efficiency, and greater accessibility for individuals and businesses alike. ODR methods, such as online mediation and arbitration, have been shown to be effective in resolving a wide range of disputes, from consumer complaints to complex commercial disputes. ODR can be particularly useful in cases where parties are located in different countries or where there are mobility issues that make it difficult for them to access traditional dispute resolution methods.

For more information visit: https://legalpay.in/

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Online Dispute Resolution: A New Frontier for Conflict Resolution

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Online dispute resolution (ODR) refers to the use of technology, specifically the internet, to facilitate the resolution of disputes between parties. It is a relatively new field that has grown in popularity in recent years, particularly due to the increase in online transactions and the convenience of resolving disputes remotely.

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Group Insolvency in India and the way Ahead

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Group Insolvency in India and the way Ahead

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Group Insolvency in India and the way Ahead

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LITIGATION FINANCING: AN AID FOR MERGERS AND ACQUISITION

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LITIGATION FINANCING: AN AID FOR MERGERS AND ACQUISITION

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LITIGATION FINANCING AN AID FOR MERGERS AND ACQUISITION

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Group Insolvency in India and the way Ahead

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Group Insolvency in India and the way Ahead

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Insolvency and Bankruptcy Code 2016 (hereinafter ‘IBC’) became a revolutionary step by providing comprehensive, efficient and robust mechanism in resolving corporate distressed entities. The code not only focuses on reviving the company but also to pay off the creditors.

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Group Insolvency in India and the way Ahead

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Insolvency and bankruptcy Code 2016 became a revolutionary step by providing efficient, robust mechanism in resolving corporate distressed entities.

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LITIGATION FINANCING: AN AID FOR MERGERS AND ACQUISITION

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LITIGATION FINANCING: AN AID FOR MERGERS AND ACQUISITION

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Litigation financing has emerged as a viable option for companies involved in mergers and acquisitions in India. This form of financing involves a third party, often a litigation financing company, providing financial support to a party involved in a legal dispute in exchange for a share of any monetary damages that may be awarded.

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Litigation financing has emerged as a viable option for companies involved in mergers and acquisitions in India. This form of financing involves a third party, often a litigation financing company, providing financial support to a party involved in a legal dispute in exchange for a share of any monetary damages that may be awarded.

In the context of mergers and acquisitions, litigation financing can be useful for both the acquiring and acquired company. The acquiring company may use litigation financing to fund any legal challenges that may arise during the acquisition process, such as shareholder disputes or regulatory hurdles. On the other hand, the acquired company may use litigation financing to level the playing field in negotiations with the acquiring company and ensure that its interests are protected.

There are several benefits to using litigation financing in the context of mergers and acquisitions. First and foremost, it allows companies to fund costly legal proceedings without straining their own resources. This is especially useful for smaller companies that may not have the financial means to fund a lengthy legal battle on their own.

Second, litigation financing can provide a measure of predictability in terms of the costs associated with a legal dispute. Rather than being on the hook for potentially unlimited legal fees, companies can agree to a fixed financing arrangement with the third party lender.

Third, litigation financing can help in fair negotiations between the acquiring and acquired company. By providing the acquired company with the resources to mount a legal challenge, litigation financing can help to ensure that the interests of both parties are taken into account during the acquisition process.

There are, however, some potential drawbacks to using litigation financing in the context of mergers and acquisitions. One concern is that the presence of a third party lender may introduce an element of conflict of interest into the legal proceedings. It is important for companies to carefully consider the terms of their financing arrangement and ensure that their interests are aligned with those of the lender.

Additionally, it is important to note that litigation financing is not a guaranteed path to success. While it can provide companies with the resources to fund a legal challenge, it does not guarantee a positive outcome in the case. Companies must be prepared for the possibility that they may not be awarded damages and may be responsible for paying back the financing amount, plus any agreed-upon interest.

Overall, litigation financing can be a useful tool for companies involved in mergers and acquisitions in India. It allows them to fund costly legal proceedings without straining their own resources and can provide a measure of predictability in terms of costs. However, it is important for companies to carefully consider the terms of their financing arrangement and be prepared for the possibility of an unfavorable outcome.

Despite these potential drawbacks, litigation financing is becoming an increasingly popular option for companies involved in mergers and acquisitions in India. As the legal landscape becomes more complex, companies are finding that they need access to additional resources in order to protect their interests and achieve their goals.

One way that companies can minimize the risks associated with litigation financing is by working with reputable and experienced third party lenders. These lenders should have a track record of successful financing arrangements and be transparent about the terms of their financing agreements. Companies should also be sure to carefully review the terms of their financing agreement, including any provisions for interest or repayment, in order to fully understand their obligations.

It is also important for companies to be proactive in managing the risks associated with litigation financing. This may include conducting thorough due diligence on the legal dispute at hand and working with experienced legal counsel to develop a strong strategy for pursuing damages. By taking these steps, companies can increase their chances of success and minimize the risks associated with litigation financing.

In conclusion, litigation financing can be a valuable tool for companies involved in mergers and acquisitions in India. It allows them to fund costly legal proceedings and level the playing field in negotiations with the other party. However, it is important for companies to carefully consider the terms of their financing arrangement and be proactive in managing the risks associated with litigation financing in order to achieve the best possible outcome.

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LITIGATION FINANCING: AN AID FOR MERGERS AND ACQUISITION

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Litigation financing has emerged as a viable option for companies involved in mergers and acquisitions in India. This form of financing involves a third party, often a litigation financing company, providing financial support to a party involved in a legal dispute in exchange for a share of any monetary damages that may be awarded.

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LegalPay offers investors an opportunity to invest in legal claims through our online platform and dedicated pools. "Legal and Debt financing consistently outperforms traditional asset classes. LegalPay makes legal and debt financing easy."

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Legal Funding | Legalpay Technology Private Limited

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Distressed Asset Investing: The New Frontier of Profitable Opportunities.pdf

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Distressed Asset Investing: The New Frontier of Profitable Opportunities.pdf

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Distressed Asset Investing: The New Frontier of Profitable Opportunit…

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In recent years, the Indian market has witnessed an upsurge in distressed asset investments. With the introduction of the Insolvency and Bankruptcy Code (IBC) …

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Distressed Asset Investing: The New Frontier of Profitable Opportunities

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Distressed Asset Investing: The New Frontier of Profitable Opportunities

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Distressed Asset Investing The New Frontier of Profitable Opportunities

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Distressed Asset Investing: The New Frontier of Profitable Opportunities

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Distressed Asset Investing: The New Frontier of Profitable Opportunities

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In recent years, the Indian market has witnessed an upsurge in distressed asset investments. With the introduction of the Insolvency and Bankruptcy Code (IBC) in 2016, the Indian market saw a shift in the way distressed assets were handled. The IBC has created a legal framework that allows insolvency professionals to resolve the corporate insolvency resolution process in a timely manner.

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In recent years, the Indian market has witnessed an upsurge in distressed . With the introduction of the Insolvency and Bankruptcy Code (IBC) in 2016, the Indian market saw a shift in the way distressed assets were handled. The IBC has created a legal framework that allows insolvency professionals to resolve the corporate insolvency resolution process in a timely manner. This has led to an increase in distressed opportunities in India. The Indian market has seen a growing number of distressed asset investors in recent years. With the introduction of the IBC, investors are now able to take advantage of attractive investment opportunities in the distressed asset domain. Given that the legal framework establishes a defined set of guidelines for the sale of these assets, the IBC has made it simpler for investors to invest in these assets. Distressed asset investments offer a number of benefits to investors. These investments [TK1] [KK2] can help diversify a portfolio by providing exposure to a different asset class that has the potential to outperform other fixed-income assets in the portfolio. Because distressed asset investments are issued by companies that are experiencing financial difficulty, they can offer higher yields than other investment classes which can provide a source of income for investors. Additionally, because the performance of distressed assets is often uncorrelated with the performance of other assets in a portfolio, they can help to reduce overall portfolio volatility.

Distressed finance refers to the practice of providing financial support to companies that are facing financial difficulties, such as bankruptcy or near insolvency. For the investors willing to participate in this market, it has the potential to generate large profits.

One of the main drivers of the growing market for distressed asset investment in India is the country's struggling economy. In recent years, India's economy has been hit hard by a number of factors, including slowing growth, rising inflation, and a high level of government debt. As a result, many companies are struggling to stay afloat, and are in need of financial support to continue operating.

This has created a significant opportunity for investors who are willing to take exposure in these distressed finance opportunities. By providing financial support to struggling companies, investors can help them to stay afloat and potentially turn their fortunes around. In return, they can earn significant returns if the company is able to recover and become profitable once again.

One of the ways that investors can participate in the distressed finance market in India is through Distressed Financing Bonds. This type of bond offers more returns than those of typical corporate bonds but with a low level of risk. One of the key features of these bonds is that they have super seniority status. This means that in the event of acquisition by a third party or liquidation of assets, these bonds will be paid out before any other financial or operational creditors. This makes them an attractive investment avenue for investors who are looking for a low-risk and super-senior way to earn lucrative returns.

Another way for investors to participate in the distressed finance market in India is through the purchase of equity in struggling companies. This can be a riskier investment, as the company may not be able to recover and become profitable. Typically, these investments require a huge quantum of cash. However, if the company does manage to turn its fortunes around, investors can earn significant returns on their investments.

The market for distressed finance in India is expected to continue growing in the coming years. As more companies struggle to stay afloat in the face of a challenging economy, there will be increasing opportunities for investors to provide the financial support that they need. With the right approach and a willingness to take on risk[TK3] , investors can potentially earn significant returns from the growing market for distressed finance in India.

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Distressed Asset Investing: The New Frontier of Profitable Opportunities

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In recent years, the Indian market has witnessed an upsurge in distressed asset investments.

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There are many valid justifications for a company to utilise a lawful group inside its association - to guarantee legitimate and administrative consistence, to prompt agreements and exchanges, to protect the association against cases and, when vital, to bring claims. Notwithstanding the significant job a legitimate division plays inside an association, it is seldom benefit-producing and is usually seen as a critical expense related to maintaining an effective business. Litigation funding can assist with turning this rationale on its head.

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LegalPay is India's first data-driven and tech-enabled alternative-investments platform modernizing investor portfolios by becoming a trusted destination for access to non-market linked income-generating structured opportunities in the insolvency, legal, and debt markets. Our current product offerings include Interim Finance and Litigation Finance which have consistently provided higher returns than traditional asset classes.

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Why Litigation Funding makes sense financially.pdf

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Why Litigation Funding makes sense financially.pdf

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Why Litigation Funding makes sense financially?

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Of the numerous expenses that a business faces, legal expenses such as lawyer fees, court fees, etc. seem to be increasing each day. According to the U.S. Bure...

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Why Litigation Funding makes sense financially?

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Why Litigation Funding makes sense financially?

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Why Litigation Funding makes sense financially

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Why Litigation Funding makes sense financially?

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Why Litigation Funding makes sense financially?

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Of the numerous expenses that a business faces, legal expenses such as lawyer fees, court fees, etc. seem to be increasing each day. According to the U.S. Bureau of Labor Statistics, legal services prices have increased by more than 10% in recent years, despite the economic turmoil caused by COVID-19, which highlights the sharp increase in legal expenses faced by businesses.

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Why Litigation Funding makes sense financially?

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Of the numerous expenses that a business faces, legal expenses such as lawyer fees, court fees, etc. seem to be increasing each day.

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DISPUTE RESOLUTION MECHANISM AND LITIGATION FUNDING IN INDIA.pdf

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DISPUTE RESOLUTION MECHANISM AND LITIGATION FUNDING IN INDIA.pdf

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The Indian commercial and legal scene have seen a significant transformation in the last three years, as part of an economy that is constantly expanding and aims to move up the global scale of ease of doing business. The Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015 and the Arbitration and Conciliation (Amendment) Act, 2015, as well as subsequent attempts to amend these laws in 2018 show that the pace of legal reform in India has accelerated over the last three years.

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DISPUTE RESOLUTION MECHANISM AND LITIGATION FUNDING IN INDIA

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The Indian commercial and legal scene have seen a significant transformation in the last three years, as part of an economy that is constantly expanding and aims to move up the global scale of ease of doing business.

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DISPUTE RESOLUTION MECHANISM AND LITIGATION FUNDING IN INDIA

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DISPUTE RESOLUTION MECHANISM AND LITIGATION FUNDING IN INDIA

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DISPUTE RESOLUTION MECHANISM AND LITIGATION FUNDING IN INDIA

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DISPUTE RESOLUTION MECHANISM AND LITIGATION FUNDING IN INDIA

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DISPUTE RESOLUTION MECHANISM AND LITIGATION FUNDING IN INDIA

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The Indian commercial and legal scene have seen a significant transformation in the last three years, as part of an economy that is constantly expanding and aims to move up the global scale of ease of doing business. The Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015 and the Arbitration and Conciliation (Amendment) Act, 2015, as well as subsequent attempts to amend these laws in 2018 show that the pace of legal reform in India has accelerated over the last three years.

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A brief overview - Litigation Funding.pdf

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A brief overview - Litigation Funding.pdf

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"Litigation funding allows lawsuits to be decided on their merits, and not based on which party has deeper pockets or stronger appetite for protracted litigati...

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A brief overview - Alternative Investments

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A brief overview - Alternative Investments

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A brief overview - Alternative Investments

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A brief overview - Alternative Investments

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A brief overview - Alternative Investments

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Alternative investments are a label for a distinct group of investments that set them apart from traditional investment options, which refers to long-only investments in cash or publicly traded stocks and bonds. Di Investing in alternative investments requires specialised knowledge and/or skills.

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Alternative investments are a label for a distinct group of investments that set them apart from traditional investment options, which refers to long-only investments in cash or publicly traded stocks and bonds. Di

Investing in alternative investments requires specialised knowledge and/or skills. It may be necessary to manage illiquidity, do business on private markets, employ complex investment strategies, or use risk-return profiles that are considerably different from those of conventional long-only investments when investing in alternative assets.

Alternative investments have several advantages:

Great diversity due to greater investment availability and lower correlation with the traditional asset groups.

Possibilities to increase returns by enhancing the risk-return profile of the portfolio

Greater yields could result in a potential boost in return when compared to traditional investments, especially during times of low-interest rates.

Methods of Investing in Alternative Investments

Direct investing refers to an individual making all of the asset acquisitions himself as opposed to combining funds with others or hiring a professional outside manager. Larger, more experienced investors might invest in businesses or properties on their own.

Fund investing refers to investing in a pool of assets with other investors while using a fund manager who chooses and oversees the fund by a predetermined plan. Generally, fund managers have industry expertise of more than 15 years.

Co-investing entails an investor contributing to a pool of investment funds (similar to fund investing), but also having the option to make a direct investment alongside the fund manager in the assets that the manager invests in. Co-investing can reduce overall fees, give investors access to the manager's knowledge, and give them more control over asset management and selection.

All about Alternative Investment Fund
AIFs, a type of fund investing, are privately pooled investment vehicles that collect money from individual investors and invest it in alternative investments.

Over the past few years, capital has been pouring into Alternative Investment Funds (AIF). High Net Worth (HNW) and institutional investors, who can invest in exponentially higher amounts than the average investor, have been drawn to AIFs owing to strong returns and prospects for diversification.

AIFs in India might be where mutual funds were in 2009-2010. Over 900 AIFs are registered with SEBI, and between 2012 and 2022, capital commitments grew at a CAGR of 63%. AIFs are anticipated to expand in the future between 2022 and 2025 at a CAGR of 25%. The assets of AIFs have nearly doubled in the previous two years as wealthy investors and family offices seek greater portfolio diversification and higher risk-adjusted returns.

Category I AIF invested in early-stage businesses, SMEs, social enterprises, infrastructure, and other industries. These industries are viewed as desirable from an economic and social standpoint by the government or authorities.

Category II AIFs the funds that do not come under Categories I or III and do not borrow or use leverage for any purpose other than day-to-day operations

Category III AIFs are those funds that offer returns in a short period. To achieve their objectives, these funds employ sophisticated and varied trading tactics.

AIFs are divided into three major categories by the Securities and Exchange Board of India. Namely Category I, Category II, and Category III. Depending on the broad definition of the category, each investment falls under a different category.

AIFs are divided into three major categories by the Securities and Exchange Board of India, namely Category I, Category II, and Category III AIF. Depending on the broad definition of the category, each investment falls under a different category.
Conclusion
Over 80% of all AIF assets are held by Category II AIFs, which include real estate funds, private equity funds, funds for distressed assets, etc. As of March 2022, the assets in this category totalled 5.2 lakh crore, an increase of more than 46% from the previous year. An improved environment and attitudes toward private/tech businesses, particularly in light of the numerous significant exits made through M&A and IPOs, have been the primary drivers of category II growth. Geographically, 75% of all AIFs are located in Mumbai and Bengaluru. While locations like Bengaluru and New Delhi have category 1 AIFs, Mumbai-based funds are often category 2 and 3 AIFs.

All indications point to another banner year for alternative investments in 2022. The asset class has offered investors impressive returns and coupled with a general interest in diversification, this will likely result in continued capital inflows. Further evolution of the industry, such as the emergence of Litigation funding and Interim finance, will add more fuel to the fire.

Traditional investment pools are becoming more fragmented, which makes it difficult for them to generate alpha through product differentiation and innovation. In these situations, AIFs provide a fresh approach to product differentiation. At present, investors are exposed to traditional investment products (essentially direct investments, mutual funds and portfolio management services), however, these choices mostly serve to trade traditional securities. The need for alternative investments among investors is thus still unmet. As a result, AIFs are becoming popular platforms for launching themed and selected items. As the number of wealthy individuals and affluent people has increased, investors have become more demanding and in need of creative and innovative offerings with differentiated forms of managing risk and reward.

The demand for legal services exists in times of adversity as well as growth, as is evident from the Covid-19 situation. Even before 2021, legal costs in India were rising with each passing year but dipped in FY 2021 which was still 12.42% higher than FY 2019. Market difficulties, regulatory responses, stimulus programmes, changes in employment, and other stressors provide potential sources of demand for legal services.

India has acquired a reputation of an expensive legal system. For perspective, India's GDP in 1991 was $266 Billion and is expected to cross $5 Trillion by 2025. Such growth in the economy runs parallel to growing legal complexity. India's booming unicorn landscape has been a catalyst for a higher than ever investor & founder disputes. Debt and equity financing, private equity, mergers and acquisitions and venture capitalists are some areas that are witnessing increased commercial cases and arbitrations. This spectacular economic growth will fuel the Indian market for legal expenses as well. According to the Legal Services Authorities Act, 1987 (Government of India), Legal Service includes the rendering of any service in the conduct of any case or other legal proceeding before any court or other authority or tribunal and the giving of advice on any legal matter.

In FY 2020, legal expenses rose 9% to 38754 crores. It has been observed that when the economy doubles, the legal expenses triple. They are forecasted to be over 1 lakh crore by 2025 and 3 lakh crores by 2030. Increased FDI and shifting tax regimes have also contributed to increasing legal costs. For instance, Amazon spent Rs 8,546 crore ($1.2 Billion) in legal expenses during 2018-2020 to maintain its presence in India. Around 20% of Amazon's revenue was being spent on lawyer fees. The rise in demand for more sophisticated legal services was followed by rise in the supply as well. Despite that, the expenses kept soaring.

In FY2021, the pharmaceutical industry marked the highest legal spending at an aggregate of nearly Rs. 7595 crores while the telecom industry marked the highest spike in its legal expenses at a whopping 48.88% YoY change. The pharma sector was followed by Infotech, banks, finance and capital goods in terms of highest spenders. Out-of-court settlements are becoming more commonly practiced as companies try to save both time and money. The total legal spending of all the listed companies on Indian exchanges may sound big, but it is minuscule at just 0.47% of their total revenue and 0.59% of total expenditure. However, the recent trends suggest that this percentage is going to skyrocket later in this decade.

At a global level, In the last decade, the size of the market for legal services has nearly doubled where US companies spent 166% more on legal services than its counterparts. This is due to its complex corporate landscape and varying tax laws and other regulations in different states. Similarly, as India continues to adopt globalization, disputes with respect to finance, corporate restructuring, and governance such as ESG and intellectual property rights will demand that corporates increase their overall legal spending. This would exponentially expand the country's share in global legal expenses. While the growth of the legal industry portrays a promising story for the country, the harsh reality of the associated expenses being borne by the litigants also needs to be addressed.
The Burden of Legal Costs
"Let a lawsuit enter a household and rest assured, even the one who wins shall have lost everything." is a saying that has held true throughout generations. Today, fighting a case in a court of law is even more expensive than a decade ago. On 25th November National Law Day, the then-president of India Ram Nath Kovid said, "A relatively poor person cannot reach the doors of justice for a fair hearing only because of financial or similar constraints while it's in our constitutional values and republic ethics. It is a burden on our collective conscience." The factors behind litigation costs reaching heights are both direct and indirect. The courts are currently facing the mammoth task of clearing up a colossal number of pending cases. The longer previous cases are pending, the more expensive it becomes to pursue new cases. Some of the other factors include legal ignorance, improper framing of charges, lack of laws regulating the fees of professionals and so on. Despite the government initiatives to make legal battles a level-playing field, the ground reality remains that lack of funds significantly affects your ability to contest.

As per a survey by DAKSH, 90% of Indian litigants earn less than 3 lakh per annum and the median cost for this group is around Rs.16,000. As per Prashant Bhushan, a renowned public interest lawyer in the Supreme Court of India, 80% of our country is shut out of the judicial system as they cannot access lawyers in the first place and the quality of legal aid available to them is extremely poor. The Supreme Court is well aware of the problem. In Vinod Seth vs Devinder Bajaj, the apex court had observed: "Under no circumstances, costs should be a deterrent to a citizen with a genuine or bona fide claim, or to any person belonging to the weaker sections whose rights have been affected, from approaching the courts."

Just 1% of the respondents of the DAKSH survey were utilizing free legal services provided to the weaker sections who otherwise can't afford to pursue a litigation. It's not just the access to courts which is limited by financial barriers. Lack of funds is also the main reason why individuals do not meet the conditions for bail. While large conglomerates are building in-house capabilities by hiring veteran lawyers, smaller organizations are building systems and processes that can help them keep the spiralling costs in check. Apart from the exorbitant fees, complicated judicial process also makes it less accessible to ordinary citizens and smaller companies. Not everybody can afford to go through the process because the process is itself a punishing one. For a cash-strapped start-up, it becomes nearly unviable to go against a larger institution given the fact that the course of the litigation itself will drain all their financial resources with zero guarantee of a favourable judgement. The 240th Report of the Law Commission states: "A litigant, who starts the litigation, after some time, being unable to bear the delay and mounting costs, gives up and surrenders to the other side or agrees to settlement which is something akin to creditor who is not able to recover the debt, writing off the debt. This happens when the costs keep mounting and he realises that even if he succeeds, he will not recover the actual costs. Moreover, external recourse funding in the form of loans often come at high interest rates and thus, act as catalysts to the financial nightmare of litigation.
The quest for justice is undoubtedly an expensive one. But is there a way out?
The concept of litigation expenses has been existing for decades now in the western parts of the world. However, it is still at its nascent stage in India. LegalPay offers non-recourse funding to litigants who do have a strong case but lack the financial means to pursue it in order to get a settlement. Litigation funding creates a win-win situation by generating high returns from a cut of that settlement amount for the investors and by allowing the litigant to pursue the case at zero cost and zero risk. Due to the funding being non-recourse in nature, the litigant shall not be required to pay LegalPayanything in case the judgement is not in their favour. Even if the experienced professionals at LegalPay review the case using data-driven analytical tools and decide not to fund it, it would be indicative of the odds being stacked against them. in the case. 90% of applicants who LegalPay did not fund, decided not to pursue the case as it failed the preliminary test of meritocracy, thereby saving significant money which would otherwise have been spent on legal fees.

Shifting the burden of a litigation to a third-party funder is not just a powerful tool for risk mitigation, but would also play an instrumental role in contributing to the nation's GDP by allowing growth-oriented businesses to utilize their resources in expanding operations and innovating instead of getting them locked up in a legal case.
For original post visit: https://legal-pay-fund-services.blogspot.com/2022/09/legal-expenses-market-in-india.html

In litigation funding, an outsider can support fights in court as a trade-off for a part of the cash gathered from the repayment of the case(s). Litigation funding from litigation finance firm is becoming famous among organizations who can manage the cost of it yet don't maintain that the innate dangers of litigation should be a weight on their income or a wellspring of additional obligation. Many questions and bad behaviors can be settled with the assistance of litigation finance organizations.

Litigation support has various advantages, some of which are portrayed beneath: Productivity
Litigation finance is infamous for furnishing financial backers with uncommonly high benefits. Therefore, venture banks and other huge financial institutions have been attracted to this area of study. Mutual funds, for instance, have as of late communicated an interest in claim supporting too. You can take help from Legal Pay for legal and debt financing.
Inconsequential to some other ventures
Litigation funding is a phenomenal venture for financial backers since it isn't attached to any one monetary cycle. Subsequently, litigation funding appears to be unaffected by a decrease in the worth of different resources during a slump.
Admittance to the courtrooms
Litigation funding is great information for the overall population's admittance to the legal framework. Litigation funding guarantees that everybody can have a fair preliminary.
For original post visit: https://legal-pay-fund-services.blogspot.com/2022/08/utilizing-litigation-funding-to-your.html

The world has entered a phase where we cannot rule out the possibility of a global recession. The global economy has slowed down due to the compounding damage done by the covid 19 and the outbreak of the Russian-Ukraine war. As the capital markets are falling and inflation is rising, we need to realise that our money's value is depreciating daily. Many investors across the world have started to take a shift from traditional ways of investing to alternative investment opportunities. Alternative investments are non-conventional financial assets. Stocks, bonds, and cash are common. Private equity, venture money, hedge funds, managed futures, art, antiques, commodities, and derivatives are alternative investments.

With their complicated nature and high degree of risk, most alternative investments are owned by institutional investors or high-net-worth individuals. Compared to mutual funds and exchange-traded funds, many alternative investments have higher minimum investments and fees (ETFs). These investments, on the other hand, don't have as much chance to publicise their results and attract new investors.

With emergence of alternative investments one opportunity to look forward to, is the legal and debt asset classes. The legal and debt assets hold a high value of ROI and are not affected my external market factors but based on strategic and diligent investing. In India, litigation financing is becoming more popular. People and companies worldwide turn to litigation finance as a well-established sector for help paying for their legal battles. Claims are financed by third-party financiers, who provide the money to the plaintiff so that they may present their arguments in court or before an arbitration panel. The return on investment for the financier is a specified percentage of the monetary relief the claimant obtains due to the legal or settlement procedure.

To understand how these investments work, one needs to know that the outcome of the investment is not based on the dynamic economic environment but is based on the due diligence done by the funder. This due diligence and risk assessment is a multi-level process in which the case's viability is checked based on legal merits, financial potentiality, and operational costs. Once the case fulfils all the pre requisites, it is deemed fit to be funded. Litigation in India is costly, and only institutional investors can afford to invest.

To invite retail investors in investing into such an asset class has emerged LegalPay. Legalpay is an alternative investment platform for retail and institutional investors who want to invest their money in legal and debt assets. The company is involved in third party financing, where it allocates funds in financing commercial litigations and arbitrations cases that are found to be funded and take pre-determined fees on successful litigation.

One other tangent of such asset class is investing in interim finance. It is nothing but a short-term, highly secured loan of six to twelve months issued to enterprises experiencing insolvency and is used to cover urgent operating expenditures, such as payments to professionals, staff, security personnel and so on. Legalpay made its first and highly successful exit from financing Yashomati Hospital which was facing insolvency. Interim finance was provided by Legalpay for bearing the operational costs, which kept things running until the resolution of insolvency. This exit came with the revival of the hospital and high returns for the investors.

Investing in such kind of alternate investments helps in the protection of portfolios. One can protect their investments by diversifying their investment into various alternatives to mitigate the risk of losing money. Third party financing has turned out to be a great success in the European market where funders are not only thriving but competing in maximising their returns. India is on the emerge to observe the potentiality of the legal and debt asset class, what it holds in the future and why it is a great way of investing.
For original post visit: https://legal-pay-fund-services.blogspot.com/2022/07/do-we-realise-potential-of-legal-asset.html

An Alternative Investment Fund or AIF is an investment vehicle that privately pools investments from sophisticated investors, whether Indian or foreign, for investing according to a defined investment policy for the benefit of its investors. These funds are typically used by high-net-worth individuals and organisations since, unlike Mutual Funds, they require a sizable initial investment. AIF as a fund, is typically established or incorporated in India in the form of a Limited Liability Partnership (LLP) or Company or Trust or Body Corporate.[1] Incorporated in 2012 by the Securities and Exchange board of India, the market regulator's intent was to make equity markets more sophisticated for investors with a massive volume of wealth and distinct goals from the average Indian investor.

Investors are cautioned not to confuse AIFs with the following financial instruments: Mutual funds, Collective investment schemes, Employee Stock Options Trusts, Employee welfare trusts or gratuity trusts, Family benefit trust, Holding companies Categories of AIFs:

1. Category I: AIFs that make investments in new start-ups, social enterprise funds, infrastructure funds, SME funds, and other similar entities are categorised as Category I AIFs [4]. They are frequently viewed by the government and authorities as being economically or socially feasible.

2. Category II: Funds that don't borrow or use leverage for anything but meeting their operational needs, and don't fall under the category I or III are categorised as Category II AIFs [4]. Private equity funds, Debt Funds, and Fund of Funds are typical examples within this category.

3. Category III: Funds in Category III engage in a variety of complicated trading strategies, such as investing in listed or unlisted derivatives [4]. Typically, hedge funds fall under this category. While closed-ended funds are categorised as Category I and II AIFs, open-ended funds are placed in Category III AIFs.

Requirements/ Eligibility Criteria of AIFs:
Each Alternative Investment Fund scheme (other than angel funds) must have a minimum corpus of twenty crore rupees. For an angel fund, the corpus must be at least ten crore rupees.

Any sophisticated investor, whether Indian, foreigner or non-resident Indian, who is willing to take on the risk of investing in largely unlisted or illiquid assets, may contribute money to an AIF. AIF (other than an angel fund) cannot accept investments from investors worth less than one crore rupees. The minimum amount of investment for investors who are AIF employees, directors of the AIF, Manager employees, or directors, shall be Rs. 25 lakhs [4].
Benefits of Investing in AIFs:

1. No correlation with Stock markets:
"Don't put all your eggs in one basket"- Warren Buffet
Anyone with a decent experience in financial planning and investments would believe in the above quote to diversify their portfolios. Taking it a step further, alternative investment funds provide us with an opportunity to invest in an asset class which is completely unhinged upon the dynamics of stock markets. Thus, making them less volatile even during times of economic distress.

2. Tax Benefits:

Alternative investments provide tax benefits depending on the size and the asset the funds are invested in. You keep more of your profit thanks to the structure of many alternative investments. In many private alternative investments, you should be a member of the fund or syndicate, and the tax advantages are transferred straight to you. Pass-through depreciation and long-term capital gains treatment are the two major tax benefits.

Passive Investment Opportunities:

The majority of busy investors place a high value on their time, and actively managing an asset or portfolio requires considerable work. Hence these alternative investment funds like Real Estate funds are highly attractive options that provide an opportunity to passively invest in diverse asset classes, across suitable time horizons.

Customizable:
An AIF's structure can be modified to suit a particular investment approach, such as sector exposure or asset class diversification, and moreover, the investor has the comfort to choose the product based on the time horizon for the investment.
Trends across the globe:
Although the term "alternative assets" is relatively new, investing in these kinds of assets is not a recent development and can be traced back to the Industrial Revolution in the 1800s. During the 20th century, alternative investments gained popularity, notably after the World Wars when many nations started to rebuild. Venture capital at this time evolved into the driving force behind achievement in the private markets. Due to the way that technology is altering many industries, venture capitalist investment in emerging technologies and business prospects has grown quickly.

The alternative assets industry has continued to grow in recent years and is now a mainstay of the modern investment landscape. The industry AUM is expected to reach $17.2 Trillion by 2025 with a CAGR of 9.8% from 2020. [2]

According to the SEBI data, the assets of the AIF business in India have increased by 42% in the financial year 2021-22, as more rich investors used these funds to minimise risk and maximise returns in their portfolios. From assets of Rs 80,000 crore, the industry has increased by more than 7 times in the last five years, with Category II funds dominating the field by contributing 80% of the AIF industry's assets. According to the Association of Alternative Investment Funds, over the next five years, AIFs might experience 3x growth and reach Rs 1.7 trillion in assets under management in India [3].
Conclusion:
In its truest form, the AIF structure serves as the model for dynamic asset management that exposes workers to high-calibre work. Working in such environments gives youngsters the opportunity to learn about the economy, markets, asset classes, and fostering business relationships. With growing financial literacy amongst Indian investors, the alternative assets classes are gaining traction for their low volatility and flexible investment options. Initial tax complications and concerns regarding the pass-through status of trusts pestered the growth of AIF when they were first launched in 2012, however, all of it has been fixed today. These lucrative funds are now all set to be characterised as the mainstream investment opportunity in India as well.
Sources/ References:
[1] Tax Guru

[2] Preqin

[3] Business Standard

[4] SEBI Regulations 2012
For original post visit: https://legal-pay-fund-services.blogspot.com/2022/07/investments-in-new-way-alternative.html

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A brief overview - Alternative Investments

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Alternative investments are a label for a distinct group of investments that set them apart from traditional investment options, which refers to long-only investments in cash or publicly traded stocks and bonds. Di Investing in alternative investments requires specialised knowledge and/or skills.

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“Litigation funding allows lawsuits to be decided on their merits, and not based on which party has deeper pockets or stronger appetite for protracted litigation” Bond and stock markets both witnessed bull runs from 1980 to 2021, resulting in higher returns for investors.

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This has caused numerous investors, both institutional and retail, to search for a variety of alternative investments , each with its own set of risks and returns. As a result, they have dramatically increased their allocations to alternative investments, which have significantly less exposure to the economic cycle risk of stocks and bonds as well as the inflation risk built into bonds. A variety of investing methods that operate outside of conventional asset classes are referred to as alternative investments. Litigation finance is one such quickly expanding asset class that has recently attracted a lot of interest from investors.

Litigation finance describes transactions in which a third party lends money to one of the parties in a lawsuit (a plaintiff or legal firm) in exchange for a financial interest that is derived from the case's outcome. The success of the underlying claim, whether through a verdict or, more frequently, an out-of-court settlement between the parties, is typically a need for repayment of the financing. Commercial lawsuit finance, mass tort litigation finance, and personal litigation finance are the three segments that make up the litigation finance market.

Before a possible case proceeds to full underwriting, the screening process that should be carried out must be carefully considered before deciding to invest in a legal case.
Funders typically search for case characteristics like:
A crucial element of this phase is the investment agreement, which explicitly lays out the rights and obligations of all parties involved in litigation finance. In addition to a case budget with significant milestones, this document also provides pricing and payment terms, including the order of payment in the event that a claim is successful. Most investment agreements contain an attorney's undertaking or recognition, which is a set of obligations for the plaintiff's lawyer to follow the provisions of the investment agreement and to take some actions or refrain from taking others.

Litigation financing companies appoint case managers to negotiate the investment management agreement, oversee the case when it is resolved, and control the budget as it develops.

Due to the high realised returns and lack of connection with traditional assets, litigation finance is one of the asset classes that has benefited from the influx of capital targeted at alternative investments . Institutional investors, endowments, and foundations have already made large investments in lawsuit finance. Multibillion-dollar firms that only specialise in litigation finance represent a niche market that is expanding swiftly. Despite this, there is a substantial market for litigation finance globally, with $400 billion or thereabouts in projected annual legal fees paid for disputes. Thus, there is plenty of space to accept new investment inflows.

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This has caused numerous investors, both institutional and retail, to search for a variety of alternative investments , each with its own set of risks and returns. As a result, they have dramatically increased their allocations to alternative investments, which have significantly less exposure to the economic cycle risk of stocks and bonds as well as the inflation risk built into bonds.

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Benefits of Litigation Finance for Business

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Benefits of Litigation Finance for Business

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Benefits of Litigation Finance for Business

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Benefits of Litigation Finance for Business

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Benefits of Litigation Finance for Business

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As per the reports by Daksh India, the average cost (other than fees of lawyers) incurred by a litigant is ₹1,039 per case per day, and the average cost incurred due to loss of pay/business is ₹1,746 per case per day. Legal expenses of listed Indian companies were Rs 36,973.75 crore in the fiscal year ended March 31, 2021

Thus, litigation has been an expensive affair since the very beginning. In the past few decades, many jurisdictions have introduced the concept of third-party litigation funding to ease this burden. Third-party litigation funding companies supply the capital to litigators in exchange for a portion of the settlement or other remedies. This funding is non-recourse which means that if the lawsuit fails, the funded party is not required to pay the funder after the case. The funders provide capital to businesses and business owners to help them protect and enforce their commercial rights and interests and strengthen their legal positions. On the ‘demand side’, companies with legitimate commercial claims can increasingly access third-party litigation funding which can be thought of as a type of hedge against the uncertainty of a legal outcome.

A cheaper alternative to loans

A bank’s loan comes with a high-interest rate and also a compulsory liability to pay back even if the litigant loses the case. This is not the case with litigation finance as it is non-recourse, i.e., a return is collected only if the case is successful. Also, the business will not have the obligation to pay the principal and the interest amount and it will be protected from inflating interest rates as well. The funder can be paid from the claim amount received by the litigant.

In addition to reducing risk, using litigation finance rather than self-funding legal disputes provides accounting benefits to the business. Loans add to operating expenses and thus, reduce profits. Whereas, litigation funding removes that expense and may, in some circumstances, even be treated as revenue, immediately boosting the financial picture of the business.

Flexibility

Litigation funding is a flexible mode of financing legal expenses as it is non-recourse in nature. Litigation funding also allows lawyers, litigants, and businesses the flexibility to take up small offers on meritorious claims and enhances the probability of the dispute being resolved on the basis of the merit of the claim and not the financial position of the parties involved.

Financial benefits to the business

Litigation Funding also provides benefits like:

a)   Hiring better lawyers that the Litigant otherwise could not have been able to afford.

b)   Increased Liquidity- It allows businesses to retain cash for immediate business needs and release capital of the business for other priorities.

c)    Potentially turn a company’s legal department into a revenue source instead of a fees and expenses center.

d)   Positive P&L impact – Litigation funding keeps ongoing litigation costs off a business’s profit and loss as the expense is borne by the funder;

Claim expertise and diligence

The Funder also assesses the merit of the case and acts as a project manager, collaborating with the law firm to give an expert opinion on the case.

The diligence that the funder undertakes provides assurance of the strength of the case as a funder’s legal team undertakes thorough due diligence prior to funding to ensure the claim has merit.

With the recent pandemic affecting every walk of life, the preservation of the cash flow by businesses is critical to ensure survival. Litigation funding can help businesses to reduce risk without writing off potential upside. This option of conversion of legal liabilities into potential assets can provide businesses with the required security and certainty.

For original post visit: https://legalfundservices.wordpress.com/2022/10/27/benefits-of-litigation-finance-for-business/

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Whether section 48 of the GVAT Act, 2003 override section 53 "of the IBC"?

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Whether section 48 of the GVAT Act, 2003 override section 53 "of the IBC"?

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Whether section 48  of the GVAT Act, 2003 override section 53  of the IBC

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Whether section 48  of the GVAT Act, 2003 override section 53  of the IBC?

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Whether section 48  of the GVAT Act, 2003 override section 53  of the IBC?

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Respondent was engaged in the business of manufacture and sale of Crafts and Oars within and outside the State of Gujarat. An amount of Rs.53,71,65,489/- was due from the Respondent to the Sales Tax authorities. On or about 8th July, 2016, recovery proceedings were initiated against the respondent, in respect of its dues for the year 2011- 2012, and the appellant attached the property of the respondent being land estate.

The appellant filed a claim before the RP, claiming that Rs.47.36 crores was due and payable by the respondent to the appellant towards its dues under the GVAT Act. After admission of the CIRP and appointment of the RP, one Kushal Limited submitted a Resolution Plan. Various Creditors had objected to the Resolution Plan. The Resolution Professional informed the appellant that the entire claim of the appellant had been waived off.

1. The appellant-state contended that the Books of Accounts of the Corporate Debtor reflected the liability of the Corporate Debtor to the State in respect of its statutory dues. In abdication of its mandatory duty, the RP failed to examine the Books of Accounts of the Corporate Debtor, verify and include the same in the information memorandum and make provision for the same in the Resolution Plan.

2. The counsels of appellants further argued that Regulation 12 of the 2016 Regulations which deals with the time period for submission of a claim along with proof, as stipulated in the public announcement under Section 15 of the IBC is not mandatory but only directory.

3. The appellants also submitted that the mere fact that a creditor might be an operational creditor would not result in loss of status of that operational creditor as a secured creditor.

Section 48 of the GVAT Act which is set out herein below:
"Tax to be first charge on property - Notwithstanding anything to the contrary contained in any law for the time being in force, any amount payable by a dealer or any other person on account of tax, interest or penalty for which he is liable to pay to the Government shall be a first charge on the property of such dealer, or as the case maybe, such person."
The claim of the Tax Department of the State, squarely falls within the definition of "Security Interest" under Section 3(31) of the IBC and the State becomes a secured creditor under Section 3(30) of the Code. The mere fact that a creditor might be an operational creditor would not result in loss of status of that operational creditor as a secured creditor.

It was held by Supreme court that. the Committee of Creditors (CoC), which might include financial institutions and other financial creditors, cannot secure their own dues at the cost of statutory dues owed to any Government or Governmental Authority or for that matter, any other dues.

It further held that:
"The State is a secured creditor under the GVAT Act. Section 3(30) of the IBC defines secured creditor to mean a creditor in favour of whom security interest is credited. Such security interest could be created by operation of law. The definition of secured creditor in the IBC does not exclude any Government or Governmental Authority."
The learned ASG pointed out that the Appellant had made its claim to the RP long before the resolution plan was approved by the CoC under Section 30(4) of the IBC. Yet, the RP did not include the claim in the Resolution Plan. The court observed that delay in filing a claim cannot be the sole ground for rejecting the claim.

Supreme court reiterated observation in ' Ebix Singapore Private Limited v. Committee of Creditors of Educomp Solutions Limited and Another':
"Essentially, the adjudicating authority functions as a check on the role of the RP to ensure compliance with Section 30(2) IBC and satisfies itself that the plan approved by the CoC can be effectively implemented as provided under the proviso to Section 31(1) IBC. Once the resolution plan is approved by the adjudicating authority, it becomes binding on the corporate debtor and its employees, members, creditors, guarantors and other stakeholders involved in the resolution plan...".
As for inconsistency between GVAT, 2003 and IBC, 2016, the SC observed that NCLAT clearly erred in its observation that Section 53 of the IBC over-rides Section 48 of the GVAT Act. Section 53 of the IBC begins with a non-obstante clause. The same is given as follows: -
"Not withstanding anything to the contrary contained in any law enacted by the Parliament or any State Legislature for the time being in force, the proceeds from the sale of the liquidation assets shall be distributed in the following order of priority..........."
As held by Supreme court, Section 48 of the GVAT Act is not contrary to or inconsistent with Section 53 or any other provisions of the IBC. Under Section 53(1)(b)(ii), the debts owed to a secured creditor, which would include the State under the GVAT Act, are to rank equally with other specified debts including debts on account of workman's dues for a period of 24 months preceding the liquidation commencement date.

This judgment gives clarity on the limitation of section 53 as it reflects in the non-obstante clause. Secured debts of the government including those created by virtue of GVAT, 2003 cannot be left unenforced on account of it being undefined in the IBC. This judgment opens a new avenue for creditors to enforce their security interest, even if it is not explicitly defined in the IBC legislation.

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Whether section 48 of the GVAT Act, 2003 override section 53 of the IBC?

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Respondent was engaged in the business of manufacture and sale of Crafts and Oars within and outside the State of Gujarat. An amount of Rs.53,71,65,489/- was due from the Respondent to the Sales Tax authorities.

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Litigation Finance | Litigation Finance Firm

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Litigation Finance | Litigation Finance Firm

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LegalPay is India's first data-driven and tech-enabled alternative-investments platform modernizing investor portfolios by becoming a trusted destination for access to non-market linked income-generating structured opportunities in the insolvency, legal, and debt markets. Our current product offerings include Interim Finance and Litigation Finance which have consistently provided higher returns than traditional asset classes.

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The demand for legal services exists in times of adversity as well as growth, as is evident from the Covid-19 situation. Even before 2021, legal costs in India were rising with each passing year but dipped in FY 2021 which was still 12.42% higher than FY 2019. Market difficulties, regulatory responses, stimulus programmes, changes in employment, and other stressors provide potential sources of demand for legal services.

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The demand for legal services exists in times of adversity as well as growth, as is evident from the Covid-19 situation. Even before 2021, legal costs in India were rising with each passing year but dipped in FY 2021 which was still 12.42% higher than FY 2019. Market difficulties, regulatory responses, stimulus programmes, changes in employment, and other stressors provide potential sources of demand for legal services.

India has acquired a reputation of an expensive legal system. For perspective, India's GDP in 1991 was $266 Billion and is expected to cross $5 Trillion by 2025. Such growth in the economy runs parallel to growing legal complexity. India's booming unicorn landscape has been a catalyst for a higher than ever investor & founder disputes. Debt and equity financing, private equity, mergers and acquisitions and venture capitalists are some areas that are witnessing increased commercial cases and arbitrations. This spectacular economic growth will fuel the Indian market for legal expenses as well.

According to the Legal Services Authorities Act, 1987 (Government of India), Legal Service includes the rendering of any service in the conduct of any case or other legal proceeding before any court or other authority or tribunal and the giving of advice on any legal matter.

In FY 2020, legal expenses rose 9% to 38754 crores. It has been observed that when the economy doubles, the legal expenses triple. They are forecasted to be over 1 lakh crore by 2025 and 3 lakh crores by 2030. Increased FDI and shifting tax regimes have also contributed to increasing legal costs. For instance, Amazon spent Rs 8,546 crore ($1.2 Billion) in legal expenses during 2018-2020 to maintain its presence in India. Around 20% of Amazon's revenue was being spent on lawyer fees. The rise in demand for more sophisticated legal services was followed by rise in the supply as well. Despite that, the expenses kept soaring.

In FY2021, the pharmaceutical industry marked the highest legal spending at an aggregate of nearly Rs. 7595 crores while the telecom industry marked the highest spike in its legal expenses at a whopping 48.88% YoY change. The pharma sector was followed by Infotech, banks, finance and capital goods in terms of highest spenders. Out-of-court settlements are becoming more commonly practiced as companies try to save both time and money. The total legal spending of all the listed companies on Indian exchanges may sound big, but it is minuscule at just 0.47% of their total revenue and 0.59% of total expenditure. However, the recent trends suggest that this percentage is going to skyrocket later in this decade.

At a global level, In the last decade, the size of the market for legal services has nearly doubled where US companies spent 166% more on legal services than its counterparts. This is due to its complex corporate landscape and varying tax laws and other regulations in different states. Similarly, as India continues to adopt globalization, disputes with respect to finance, corporate restructuring, and governance such as ESG and intellectual property rights will demand that corporates increase their overall legal spending. This would exponentially expand the country's share in global legal expenses. While the growth of the legal industry portrays a promising story for the country, the harsh reality of the associated expenses being borne by the litigants also needs to be addressed.
The Burden of Legal Costs
is a saying that has held true throughout generations. Today, fighting a case in a court of law is even more expensive than a decade ago. On 25 "Let a lawsuit enter a household and rest assured, even the one who wins shall have lost everything." th November National Law Day, the then-president of India Ram Nath Kovid said, "A relatively poor person cannot reach the doors of justice for a fair hearing only because of financial or similar constraints while it's in our constitutional values and republic ethics. It is a burden on our collective conscience." The factors behind litigation costs reaching heights are both direct and indirect. The courts are currently facing the mammoth task of clearing up a colossal number of pending cases. The longer previous cases are pending, the more expensive it becomes to pursue new cases. Some of the other factors include legal ignorance, improper framing of charges, lack of laws regulating the fees of professionals and so on. Despite the government initiatives to make legal battles a level-playing field, the ground reality remains that lack of funds significantly affects your ability to contest.

As per a survey by DAKSH, 90% of Indian litigants earn less than 3 lakh per annum and the median cost for this group is around Rs.16,000. As per Prashant Bhushan, a renowned public interest lawyer in the Supreme Court of India, 80% of our country is shut out of the judicial system as they cannot access lawyers in the first place and the quality of legal aid available to them is extremely poor. The Supreme Court is well aware of the problem. In Vinod Seth vs Devinder Bajaj, the apex court had observed: "Under no circumstances, costs should be a deterrent to a citizen with a genuine or bona fide claim, or to any person belonging to the weaker sections whose rights have been affected, from approaching the courts."

Just 1% of the respondents of the DAKSH survey were utilizing free provided to the weaker sections who otherwise can't afford to pursue a litigation. It's not just the access to courts which is limited by financial barriers. Lack of funds is also the main reason why individuals do not meet the conditions for bail. While large conglomerates are building in-house capabilities by hiring veteran lawyers, smaller organizations are building systems and processes that can help them keep the spiralling costs in check. Apart from the exorbitant fees, complicated judicial process also makes it less accessible to ordinary citizens and smaller companies. Not everybody can afford to go through the process because the process is itself a punishing one. For a cash-strapped start-up, it becomes nearly unviable to go against a larger institution given the fact that the course of the litigation itself will drain all their financial resources with zero guarantee of a favourable judgement. The 240th Report of the Law Commission states: "A litigant, who starts the litigation, after some time, being unable to bear the delay and mounting costs, gives up and surrenders to the other side or agrees to settlement which is something akin to creditor who is not able to recover the debt, writing off the debt. This happens when the costs keep mounting and he realises that even if he succeeds, he will not recover the actual costs. Moreover, external recourse funding in the form of loans often come at high interest rates and thus, act as catalysts to the financial nightmare of litigation.
The quest for justice is undoubtedly an expensive one. But is there a way out?
The concept of litigation expenses has been existing for decades now in the western parts of the world. However, it is still at its nascent stage in India. offers non-recourse funding to litigants who do have a strong case but lack the financial means to pursue it in order to get a settlement. Litigation funding creates a win-win situation by generating high returns from a cut of that settlement amount for the investors and by allowing the litigant to pursue the case at zero cost and zero risk. Due to the funding being non-recourse in nature, the litigant shall not be required to pay anything in case the judgement is not in their favour. Even if the experienced professionals at LegalPay review the case using data-driven analytical tools and decide not to fund it, it would be indicative of the odds being stacked against them. in the case. 90% of applicants who LegalPay did not fund, decided not to pursue the case as it failed the preliminary test of meritocracy, thereby saving significant money which would otherwise have been spent on legal fees.

Shifting the burden of a litigation to a third-party funder is not just a powerful tool for risk mitigation, but would also play an instrumental role in contributing to the nation's GDP by allowing growth-oriented businesses to utilize their resources in expanding operations and innovating instead of getting them locked up in a legal case.

# data[].attributes.attachment_link.description
The demand for legal services exists in times of adversity as well as growth, as is evident from the Covid-19 situation. Even before 2021, legal costs in India were rising with each passing year but dipped in FY 2021 which was still 12.42% higher than FY 2019.

# data[].attributes.body
The demand for legal services exists in times of adversity as well as growth, as is evident from the Covid-19 situation. Even before 2021, legal costs in India were rising with each passing year but dipped in FY 2021 which was still 12.42% higher than FY 2019. Market difficulties, regulatory responses, stimulus programmes, changes in employment, and other stressors provide potential sources of demand for legal services.

India has acquired a reputation of an expensive legal system. For perspective, India’s GDP in 1991 was $266 Billion and is expected to cross $5 Trillion by 2025. Such growth in the economy runs parallel to growing legal complexity. India’s booming unicorn landscape has been a catalyst for a higher than ever investor & founder disputes. Debt and equity financing, private equity, mergers and acquisitions and venture capitalists are some areas that are witnessing increased commercial cases and arbitrations. This spectacular economic growth will fuel the Indian market for legal expenses as well.

According to the Legal Services Authorities Act, 1987 (Government of India), Legal Service includes the rendering of any service in the conduct of any case or other legal proceeding before any court or other authority or tribunal and the giving of advice on any legal matter.

In FY 2020, legal expenses rose 9% to 38754 crores. It has been observed that when the economy doubles, the legal expenses triple. They are forecasted to be over 1 lakh crore by 2025 and 3 lakh crores by 2030. Increased FDI and shifting tax regimes have also contributed to increasing legal costs. For instance, Amazon spent Rs 8,546 crore ($1.2 Billion) in legal expenses during 2018-2020 to maintain its presence in India. Around 20% of Amazon’s revenue was being spent on lawyer fees. The rise in demand for more sophisticated legal services was followed by rise in the supply as well. Despite that, the expenses kept soaring.

In FY2021, the pharmaceutical industry marked the highest legal spending at an aggregate of nearly Rs. 7595 crores while the telecom industry marked the highest spike in its legal expenses at a whopping 48.88% YoY change. The pharma sector was followed by Infotech, banks, finance and capital goods in terms of highest spenders. Out-of-court settlements are becoming more commonly practiced as companies try to save both time and money. The total legal spending of all the listed companies on Indian exchanges may sound big, but it is minuscule at just 0.47% of their total revenue and 0.59% of total expenditure. However, the recent trends suggest that this percentage is going to skyrocket later in this decade.

At a global level, In the last decade, the size of the market for legal services has nearly doubled where US companies spent 166% more on legal services than its counterparts. This is due to its complex corporate landscape and varying tax laws and other regulations in different states. Similarly, as India continues to adopt globalization, disputes with respect to finance, corporate restructuring, and governance such as ESG and intellectual property rights will demand that corporates increase their overall legal spending. This would exponentially expand the country’s share in global legal expenses.  While the growth of the legal industry portrays a promising story for the country, the harsh reality of the associated expenses being borne by the litigants also needs to be addressed.

The Burden of Legal Costs

“Let a lawsuit enter a household and rest assured, even the one who wins shall have lost everything.” is a saying that has held true throughout generations. Today, fighting a case in a court of law is even more expensive than a decade ago. On 25th November National Law Day, the then-president of India Ram Nath Kovid said, “A relatively poor person cannot reach the doors of justice for a fair hearing only because of financial or similar constraints while it’s in our constitutional values and republic ethics. It is a burden on our collective conscience.” The factors behind litigation costs reaching heights are both direct and indirect. The courts are currently facing the mammoth task of clearing up a colossal number of pending cases. The longer previous cases are pending, the more expensive it becomes to pursue new cases. Some of the other factors include legal ignorance, improper framing of charges, lack of laws regulating the fees of professionals and so on. Despite the government initiatives to make legal battles a level-playing field, the ground reality remains that lack of funds significantly affects your ability to contest.

As per a survey by DAKSH, 90% of Indian litigants earn less than 3 lakh per annum and the median cost for this group is around Rs.16,000. As per Prashant Bhushan, a renowned public interest lawyer in the Supreme Court of India, 80% of our country is shut out of the judicial system as they cannot access lawyers in the first place and the quality of legal aid available to them is extremely poor. The Supreme Court is well aware of the problem. In Vinod Seth vs Devinder Bajaj, the apex court had observed: “Under no circumstances, costs should be a deterrent to a citizen with a genuine or bona fide claim, or to any person belonging to the weaker sections whose rights have been affected, from approaching the courts.”

Just 1% of the respondents of the DAKSH survey were utilizing free legal services provided to the weaker sections who otherwise can’t afford to pursue a litigation. It’s not just the access to courts which is limited by financial barriers. Lack of funds is also the main reason why individuals do not meet the conditions for bail. While large conglomerates are building in-house capabilities by hiring veteran lawyers, smaller organizations are building systems and processes that can help them keep the spiralling costs in check. Apart from the exorbitant fees, complicated judicial process also makes it less accessible to ordinary citizens and smaller companies. Not everybody can afford to go through the process because the process is itself a punishing one. For a cash-strapped start-up, it becomes nearly unviable to go against a larger institution given the fact that the course of the litigation itself will drain all their financial resources with zero guarantee of a favourable judgement. The 240th Report of the Law Commission states: “A litigant, who starts the litigation, after some time, being unable to bear the delay and mounting costs, gives up and surrenders to the other side or agrees to settlement which is something akin to creditor who is not able to recover the debt, writing off the debt. This happens when the costs keep mounting and he realises that even if he succeeds, he will not recover the actual costs. Moreover, external recourse funding in the form of loans often come at high interest rates and thus, act as catalysts to the financial nightmare of litigation.

The quest for justice is undoubtedly an expensive one. But is there a way out?

The concept of litigation expenses has been existing for decades now in the western parts of the world. However, it is still at its nascent stage in India. LegalPay offers non-recourse funding to litigants who do have a strong case but lack the financial means to pursue it in order to get a settlement. Litigation funding creates a win-win situation by generating high returns from a cut of that settlement amount for the investors and by allowing the litigant to pursue the case at zero cost and zero risk. Due to the funding being non-recourse in nature, the litigant shall not be required to pay LegalPay anything in case the judgement is not in their favour. Even if the experienced professionals at LegalPay review the case using data-driven analytical tools and decide not to fund it, it would be indicative of the odds being stacked against them. in the case. 90% of applicants who LegalPay did not fund, decided not to pursue the case as it failed the preliminary test of meritocracy, thereby saving significant money which would otherwise have been spent on legal fees.

Shifting the burden of a litigation to a third-party funder is not just a powerful tool for risk mitigation, but would also play an instrumental role in contributing to the nation’s GDP by allowing growth-oriented businesses to utilize their resources in expanding operations and innovating instead of getting them locked up in a legal case.

For original post visit: https://legal-pay-fund-services.blogspot.com/2022/09/legal-expenses-market-in-india.html

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Fund Insolvency Process | Legal Funding - LegalPay

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Fund Insolvency Process | Legal Funding - LegalPay

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Do you want to know about the fund Insolvency Process. Contact experts for further knowledge and take a step towards it. Offer your clientele a product that has the potential to outclass other asset classes. Syndicates. Invest along with your network and get rewarded. Explore. Find the best legal and debt financing from an authorized organization. Take consultation today for more information.

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Utilizing litigation funding to your advantage.pdf

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Utilizing litigation funding to your advantage.pdf

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In litigation funding, an outsider can support fights in court as a trade-off for a part of the cash gathered from the repayment of the case(s). Litigation funding from litigation finance firm is becoming famous among organizations who can manage the cost of it yet don't maintain that the innate dangers of litigation should be a weight on their income or a wellspring of additional obligation.

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Utilizing litigation funding to your advantage

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In litigation funding, an outsider can support fights in court as a trade-off for a part of the cash gathered from the repayment of the case(s). Litigation funding from litigation finance firm is becoming famous among organizations who can manage the cost of it yet don't maintain that the innate dangers of litigation should be a weight on their income or a wellspring of additional obligation.

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Utilizing litigation funding to your advantage.pdf

# data[].attributes.subject
Utilizing litigation funding to your advantage.pdf

# data[].attributes.attachment_link.title
Utilizing litigation funding to your advantage

# data[].attributes.headline
Utilizing litigation funding to your advantage

# data[].attributes.subject
Utilizing litigation funding to your advantage

# data[].attributes.body
In litigation funding, an outsider can support fights in court as a trade-off for a part of the cash gathered from the repayment of the case(s). Litigation funding from litigation finance firm is becoming famous among organizations who can manage the cost of it yet don't maintain that the innate dangers of litigation should be a weight on their income or a wellspring of additional obligation.

# data[].attributes.attachment_link.readable_text
In litigation funding, an outsider can support fights in court as a trade-off for a part of the cash gathered from the repayment of the case(s). Litigation funding from is becoming famous among organizations who can manage the cost of it yet don't maintain that the innate dangers of litigation should be a weight on their income or a wellspring of additional obligation. Many questions and bad behaviors can be settled with the assistance of litigation finance organizations.

Litigation support has various advantages, some of which are portrayed beneath:
Productivity
Litigation finance is infamous for furnishing financial backers with uncommonly high benefits. Therefore, venture banks and other huge financial institutions have been attracted to this area of study. Mutual funds, for instance, have as of late communicated an interest in claim supporting too. You can take help from Legal Pay for
Inconsequential to some other ventures
Litigation funding is a phenomenal venture for financial backers since it isn't attached to any one monetary cycle. Subsequently, litigation funding appears to be unaffected by a decrease in the worth of different resources during a slump.
Admittance to the courtrooms
Litigation funding is great information for the overall population's admittance to the legal framework. Litigation funding guarantees that everybody can have a fair preliminary.

# data[].attributes.attachment_link.title
Utilizing litigation funding to your advantage

# data[].attributes.attachment_link.description
In litigation funding, an outsider can support fights in court as a trade-off for a part of the cash gathered from the repayment of the case(s). Litigation funding from is becoming famous among organizations who can manage the cost of it yet don't maintain that the innate dangers of litigation should be a weight on their income or a wellspring of additional obligation.

# data[].attributes.headline
Utilizing litigation funding to your advantage

# data[].attributes.subject
Utilizing litigation funding to your advantage

# data[].attributes.body
In litigation funding, an outsider can support fights in court as a trade-off for a part of the cash gathered from the repayment of the case(s). Litigation funding from litigation finance firm is becoming famous among organizations who can manage the cost of it yet don't maintain that the innate dangers of litigation should be a weight on their income or a wellspring of additional obligation. Many questions and bad behaviors can be settled with the assistance of litigation finance organizations.

Litigation support has various advantages, some of which are portrayed beneath:

Productivity

Litigation finance is infamous for furnishing financial backers with uncommonly high benefits. Therefore, venture banks and other huge financial institutions have been attracted to this area of study. Mutual funds, for instance, have as of late communicated an interest in claim supporting too. You can take help from Legal Pay for legal and debt financing.

Inconsequential to some other ventures

Litigation funding is a phenomenal venture for financial backers since it isn't attached to any one monetary cycle. Subsequently, litigation funding appears to be unaffected by a decrease in the worth of different resources during a slump.

Admittance to the courtrooms

Litigation funding is great information for the overall population's admittance to the legal framework. Litigation funding guarantees that everybody can have a fair preliminary.

For original post visit: https://legal-pay-fund-services.blogspot.com/2022/08/utilizing-litigation-funding-to-your.html

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There is a magnificent chance to track down new clients by Invest in legal financing, as long as they can manage the cost of the rates and it's a good idea for their case. New client valuable open doors basically emerge when a potential client has complex legal procedures ready to go and needs legal funding to figure out the forthcoming issues in the ongoing case.

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2

Complete eKYC and proceed with the investment.

3

Read and digitally sign the investment agreement.

4

Track your investments in a real-time manner.

Let’s Compare

Litigation-financing asset class – A comparative analysis with other assets classes

IRRs

Correlation to Capital Markets

Liquidity

Realisation Event

Price Volatility

Investment Cycle

Legal and Debt Financing Asset Class: A Comparative Analysis with other asset classes

Assets-class

Correlation to Capital Markets

IRRs

Liquidity

Realisation Event

Price Volatility

Investment Cycle

Interim-Financing

Uncorrelated

20%+

High

Certain

NA

Short

Litigation-Financing

Uncorrelated

30%+

Moderate

Certain

NA

Moderate

Fixed Deposits | Uncorrelated | 5% to 7.5% | High | Certain | NA | Varies
Index (Nifty,Sensex) | High | 10% to 16% | High | Certain | High | Varies
Corporate Bonds | Low | 9% to 12% | Moderate | Certain | Low | Moderate
Gold | Uncorrelated | -5% to 20% | Moderate | Certain | Moderate to High | Varies
Real Estate | Uncorrelated | 3% to 16% | Low | Certain | Moderate | Longer
Venture Fund/Private Equity | Medium | 10% to 25% | Low | Uncertain | NA | Longer

Notes –
1. Please note that the returns in litigation-financing asset class are estimated at a portfolio level – diversified cases that range across various stages, forums, and types.
2. All the return calculated above are on pre-tax basis.

Explore

Company

Visit Us

500, 5th Floor, ITL Twin Tower Netaji Subhash Place, Pitampura New Delhi - 110034

Disclaimer

LegalPay is not a registered broker-dealer, lender, law firm, and/or money transfer service and does not conduct any activity that would require such registration. LegalPay does not provide any kind of legal consultation or legal services. please read this document carefully before you access or use the service. by accessing, registering at the site, and or using LegalPay services you agree to be bound by the terms and conditions set forth below. if you do not wish to be bound by these terms and conditions, please do not access or register for our site and/or engage in any activity conducted by LegalPay. if you violate any of these terms of service (which include by reference LegalPay’s privacy policy), or otherwise violate an agreement between you and us, LegalPay may, apart from initiating any legal proceedings, terminate your privileges, delete your profile and any content or information that you have posted on the site and/or prohibit you from using or accessing the service or the site (or any portion, aspect or feature of the service or the site), at any time in its sole discretion, with or without notice. It is stated that ‘LegalPay’ and ‘LLP (created for Special Purpose Vehicle)’ are two separate legal entities. The Investors will become limited Partners to the said LLP. LLP provides case management services to its clients. The Investors are requested to read the Risk Disclosure & Consent Agreement, LLP Agreement and Non-Disclosure Agreement thoroughly before making the investment in the listed Opportunities.

Refund Policy

Any request for a refund can be made to investor@legalpay.in. LegalPay will update you on the status of your refund. The committed amount will be refunded to you within 7 to 14 business days of your request.

© LegalPay Technology Private Limited

Disclaimer

LegalPay is not a registered broker-dealer, lender, law firm, and/or money transfer service and does not conduct any activity that would require such registration. LegalPay does not provide any kind of legal consultation or legal services. please read this document carefully before you access or use the service. by accessing, registering at the site, and or using LegalPay services you agree to be bound by the terms and conditions set forth below. if you do not wish to be bound by these terms and conditions, please do not access or register for our site and/or engage in any activity conducted by LegalPay. if you violate any of these terms of service (which include by reference LegalPay’s privacy policy), or otherwise violate an agreement between you and us, LegalPay may, apart from initiating any legal proceedings, terminate your privileges, delete your profile and any content or information that you have posted on the site and/or prohibit you from using or accessing the service or the site (or any portion, aspect or feature of the service or the site), at any time in its sole discretion, with or without notice. It is stated that ‘LegalPay’ and ‘LLP (created for Special Purpose Vehicle)’ are two separate legal entities. The Investors will become limited Partners to the said LLP. LLP provides case management services to its clients. The Investors are requested to read the Risk Disclosure & Consent Agreement, LLP Agreement and Non-Disclosure Agreement thoroughly before making the investment in the listed Opportunities.

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Do we realise the potential of the Legal asset class as an investment.pdf

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Do we realise the potential of the Legal asset class as an investment.pdf

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Do we realise the potential of the Legal asset class as an investment

# data[].attributes.headline
Do we realise the potential of the Legal asset class as an investment?

# data[].attributes.subject
Do we realise the potential of the Legal asset class as an investment?

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The world has entered a phase where we cannot rule out the possibility of a global recession. The global economy has slowed down due to the compounding damage done by the covid 19 and the outbreak of the Russian-Ukraine war. As the capital markets are falling and inflation is rising, we need to realise that our money's value is depreciating daily. Many investors across the world have started to take a shift from traditional ways of investing to alternative investment opportunities. Alternative investments are non-conventional financial assets. Stocks, bonds, and cash are common. Private equity, venture money, hedge funds, managed futures, art, antiques, commodities, and derivatives are alternative investments.

With their complicated nature and high degree of risk, most alternative investments are owned by institutional investors or high-net-worth individuals. Compared to mutual funds and exchange-traded funds, many alternative investments have higher minimum investments and fees (ETFs). These investments, on the other hand, don't have as much chance to publicise their results and attract new investors.

With emergence of alternative investments one opportunity to look forward to, is the legal and debt asset classes. The legal and debt assets hold a high value of ROI and are not affected my external market factors but based on strategic and diligent investing. In India, litigation financing is becoming more popular. People and companies worldwide turn to litigation finance as a well-established sector for help paying for their legal battles. Claims are financed by third-party financiers, who provide the money to the plaintiff so that they may present their arguments in court or before an arbitration panel. The return on investment for the financier is a specified percentage of the monetary relief the claimant obtains due to the legal or settlement procedure.

To understand how these investments work, one needs to know that the outcome of the investment is not based on the dynamic economic environment but is based on the due diligence done by the funder. This due diligence and risk assessment is a multi-level process in which the case's viability is checked based on legal merits, financial potentiality, and operational costs. Once the case fulfils all the pre requisites, it is deemed fit to be funded. Litigation in India is costly, and only institutional investors can afford to invest.

To invite retail investors in investing into such an asset class has emerged LegalPay. Legalpay is an alternative investment platform for retail and institutional investors who want to invest their money in legal and debt assets. The company is involved in third party financing, where it allocates funds in financing commercial litigations and arbitrations cases that are found to be funded and take pre-determined fees on successful litigation.

One other tangent of such asset class is investing in interim finance. It is nothing but a short-term, highly secured loan of six to twelve months issued to enterprises experiencing insolvency and is used to cover urgent operating expenditures, such as payments to professionals, staff, security personnel and so on. Legalpay made its first and highly successful exit from financing Yashomati Hospital which was facing insolvency. Interim finance was provided by Legalpay for bearing the operational costs, which kept things running until the resolution of insolvency. This exit came with the revival of the hospital and high returns for the investors.

Investing in such kind of alternate investments helps in the protection of portfolios. One can protect their investments by diversifying their investment into various alternatives to mitigate the risk of losing money. Third party financing has turned out to be a great success in the European market where funders are not only thriving but competing in maximising their returns. India is on the emerge to observe the potentiality of the legal and debt asset class, what it holds in the future and why it is a great way of investing.

For original post visit: https://legal-pay-fund-services.blogspot.com/2022/07/do-we-realise-potential-of-legal-asset.html

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Investments in a new way - Alternative Investment Funds (AIF)

# data[].attributes.subject
Investments in a new way - Alternative Investment Funds (AIF)

# data[].attributes.attachment_link.title
Investments in a new way - Alternative Investment Funds (AIF)

# data[].attributes.headline
Investments in a new way - Alternative Investment Funds (AIF)

# data[].attributes.subject
Investments in a new way - Alternative Investment Funds (AIF)

# data[].attributes.body
An Alternative Investment Fund or AIF is an investment vehicle that privately pools investments from sophisticated investors, whether Indian or foreign, for investing according to a defined investment policy for the benefit of its investors. These funds are typically used by high-net-worth individuals and organisations since, unlike Mutual Funds, they require a sizable initial investment. AIF as a fund, is typically established or incorporated in India in the form of a Limited Liability Partnership (LLP) or Company or Trust or Body Corporate.[1] Incorporated in 2012 by the Securities and Exchange board of India, the market regulator's intent was to make equity markets more sophisticated for investors with a massive volume of wealth and distinct goals from the average Indian investor.

Investors are cautioned not to confuse AIFs with the following financial instruments:

Mutual funds, Collective investment schemes, Employee Stock Options Trusts, Employee welfare trusts or gratuity trusts, Family benefit trust, Holding companies

Categories of AIFs:

1. Category I: AIFs that make investments in new start-ups, social enterprise funds, infrastructure funds, SME funds, and other similar entities are categorised as Category I AIFs [4]. They are frequently viewed by the government and authorities as being economically or socially feasible.

2. Category II: Funds that don't borrow or use leverage for anything but meeting their operational needs, and don't fall under the category I or III are categorised as Category II AIFs [4]. Private equity funds, Debt Funds, and Fund of Funds are typical examples within this category.

3. Category III: Funds in Category III engage in a variety of complicated trading strategies, such as investing in listed or unlisted derivatives [4]. Typically, hedge funds fall under this category. While closed-ended funds are categorised as Category I and II AIFs, open-ended funds are placed in Category III AIFs.

Requirements/ Eligibility Criteria of AIFs:

Each Alternative Investment Fund scheme (other than angel funds) must have a minimum corpus of twenty crore rupees. For an angel fund, the corpus must be at least ten crore rupees.

Any sophisticated investor, whether Indian, foreigner or non-resident Indian, who is willing to take on the risk of investing in largely unlisted or illiquid assets, may contribute money to an AIF. AIF (other than an angel fund) cannot accept investments from investors worth less than one crore rupees. The minimum amount of investment for investors who are AIF employees, directors of the AIF, Manager employees, or directors, shall be Rs. 25 lakhs [4].

Benefits of Investing in AIFs:

1. No correlation with Stock markets:

“Don't put all your eggs in one basket”- Warren Buffet
Anyone with a decent experience in financial planning and investments would believe in the above quote to diversify their portfolios. Taking it a step further, alternative investment funds provide us with an opportunity to invest in an asset class which is completely unhinged upon the dynamics of stock markets. Thus, making them less volatile even during times of economic distress.

2. Tax Benefits:

Alternative investments provide tax benefits depending on the size and the asset the funds are invested in. You keep more of your profit thanks to the structure of many alternative investments. In many private alternative investments, you should be a member of the fund or syndicate, and the tax advantages are transferred straight to you. Pass-through depreciation and long-term capital gains treatment are the two major tax benefits.

3. Passive Investment Opportunities:

The majority of busy investors place a high value on their time, and actively managing an asset or portfolio requires considerable work. Hence these alternative investment funds like Real Estate funds are highly attractive options that provide an opportunity to passively invest in diverse asset classes, across suitable time horizons.

4. Customizable:

An AIF's structure can be modified to suit a particular investment approach, such as sector exposure or asset class diversification, and moreover, the investor has the comfort to choose the product based on the time horizon for the investment.

Trends across the globe:

Although the term "alternative assets" is relatively new, investing in these kinds of assets is not a recent development and can be traced back to the Industrial Revolution in the 1800s. During the 20th century, alternative investments gained popularity, notably after the World Wars when many nations started to rebuild. Venture capital at this time evolved into the driving force behind achievement in the private markets. Due to the way that technology is altering many industries, venture capitalist investment in emerging technologies and business prospects has grown quickly.

The alternative assets industry has continued to grow in recent years and is now a mainstay of the modern investment landscape. The industry AUM is expected to reach $17.2 Trillion by 2025 with a CAGR of 9.8% from 2020. [2]

According to the SEBI data, the assets of the AIF business in India have increased by 42% in the financial year 2021-22, as more rich investors used these funds to minimise risk and maximise returns in their portfolios. From assets of Rs 80,000 crore, the industry has increased by more than 7 times in the last five years, with Category II funds dominating the field by contributing 80% of the AIF industry's assets. According to the Association of Alternative Investment Funds, over the next five years, AIFs might experience 3x growth and reach Rs 1.7 trillion in assets under management in India [3].

Conclusion:

In its truest form, the AIF structure serves as the model for dynamic asset management that exposes workers to high-calibre work. Working in such environments gives youngsters the opportunity to learn about the economy, markets, asset classes, and fostering business relationships. With growing financial literacy amongst Indian investors, the alternative assets classes are gaining traction for their low volatility and flexible investment options. Initial tax complications and concerns regarding the pass-through status of trusts pestered the growth of AIF when they were first launched in 2012, however, all of it has been fixed today. These lucrative funds are now all set to be characterised as the mainstream investment opportunity in India as well.

Sources/ References:

[1] Tax Guru

[2] Preqin

[3] Business Standard

[4] SEBI Regulations 2012

For original post visit: https://legal-pay-fund-services.blogspot.com/2022/07/investments-in-new-way-alternative.html

# data[].attributes.headline
Investments in a new way - Alternative Investment Funds (AIF)

# data[].attributes.subject
Investments in a new way - Alternative Investment Funds (AIF)

# data[].attributes.body
An Alternative Investment Fund or AIF is an investment vehicle that privately pools investments from sophisticated investors, whether Indian or foreign, for investing according to a defined investment policy for the benefit of its investors.

# data[].attributes.attachment_link.readable_text
An Fund or AIF is an investment vehicle that privately pools investments from sophisticated investors, whether Indian or foreign, for investing according to a defined investment policy for the benefit of its investors. These funds are typically used by high-net-worth individuals and organisations since, unlike Mutual Funds, they require a sizable initial investment. AIF as a fund, is typically established or incorporated in India in the form of a Limited Liability Partnership (LLP) or Company or Trust or Body Corporate.[1] Incorporated in 2012 by the Securities and Exchange board of India, the market regulator's intent was to make equity markets more sophisticated for investors with a massive volume of wealth and distinct goals from the average Indian investor.

Investors are cautioned not to confuse AIFs with the following financial instruments: Mutual funds, Collective investment schemes, Employee Stock Options Trusts, Employee welfare trusts or gratuity trusts, Family benefit trust, Holding companies Categories of AIFs:

1. AIFs that make investments in new start-ups, social enterprise funds, infrastructure funds, SME funds, and other similar entities are categorised as Category I AIFs [4]. They are frequently viewed by the government and authorities as being economically or socially feasible.

2. Funds that don't borrow or use leverage for anything but meeting their operational needs, and don't fall under the category I or III are categorised as Category II AIFs [4]. Private equity funds, Debt Funds, and Fund of Funds are typical examples within this category.Category II:

3. Category III: Funds in Category III engage in a variety of complicated trading strategies, such as investing in listed or unlisted derivatives [4]. Typically, hedge funds fall under this category. While closed-ended funds are categorised as Category I and II AIFs, open-ended funds are placed in Category III AIFs.

Requirements/ Eligibility Criteria of AIFs:
Each Alternative Investment Fund scheme (other than angel funds) must have a minimum corpus of twenty crore rupees. For an angel fund, the corpus must be at least ten crore rupees.

Any sophisticated investor, whether Indian, foreigner or non-resident Indian, who is willing to take on the risk of investing in largely unlisted or illiquid assets, may contribute money to an AIF. AIF (other than an angel fund) cannot accept investments from investors worth less than one crore rupees. The minimum amount of investment for investors who are AIF employees, directors of the AIF, Manager employees, or directors, shall be Rs. 25 lakhs [4].
Benefits of Investing in AIFs:

1. "Don't put all your eggs in one basket"- Warren BuffetNo correlation with Stock markets:

Anyone with a decent experience in financial planning and investments would believe in the above quote to diversify their portfolios. Taking it a step further, alternative investment funds provide us with an opportunity to invest in an asset class which is completely unhinged upon the dynamics of stock markets. Thus, making them less volatile even during times of economic distress.

2. Tax Benefits:

Alternative investments provide tax benefits depending on the size and the asset the funds are invested in. You keep more of your profit thanks to the structure of many alternative investments. In many private alternative investments, you should be a member of the fund or syndicate, and the tax advantages are transferred straight to you. Pass-through depreciation and long-term capital gains treatment are the two major tax benefits.

The majority of busy investors place a high value on their time, and actively managing an asset or portfolio requires considerable work. Hence these alternative investment funds like Real Estate funds are highly attractive options that provide an opportunity to passively invest in diverse asset classes, across suitable time horizons.

An AIF's structure can be modified to suit a particular investment approach, such as sector exposure or asset class diversification, and moreover, the investor has the comfort to choose the product based on the time horizon for the investment.
Trends across the globe:
Although the term "alternative assets" is relatively new, investing in these kinds of assets is not a recent development and can be traced back to the Industrial Revolution in the 1800s. During the 20th century, alternative investments gained popularity, notably after the World Wars when many nations started to rebuild. Venture capital at this time evolved into the driving force behind achievement in the private markets. Due to the way that technology is altering many industries, venture capitalist investment in emerging technologies and business prospects has grown quickly.

The industry has continued to grow in recent years and is now a mainstay of the modern investment landscape. The industry AUM is expected to reach $17.2 Trillion by 2025 with a CAGR of 9.8% from 2020. [2]

According to the SEBI data, the assets of the AIF business in India have increased by 42% in the financial year 2021-22, as more rich investors used these funds to minimise risk and maximise returns in their portfolios. From assets of Rs 80,000 crore, the industry has increased by more than 7 times in the last five years, with Category II funds dominating the field by contributing 80% of the AIF industry's assets. According to the Association of Alternative Investment Funds, over the next five years, AIFs might experience 3x growth and reach Rs 1.7 trillion in assets under management in India [3].
Conclusion:
In its truest form, the AIF structure serves as the model for dynamic asset management that exposes workers to high-calibre work. Working in such environments gives youngsters the opportunity to learn about the economy, markets, asset classes, and fostering business relationships. With growing financial literacy amongst Indian investors, the classes are gaining traction for their low volatility and flexible investment options. Initial tax complications and concerns regarding the pass-through status of trusts pestered the growth of AIF when they were first launched in 2012, however, all of it has been fixed today. These lucrative funds are now all set to be characterised as the mainstream investment opportunity in India as well.
Sources/ References:
[3] Business Standard

[4] SEBI Regulations 2012

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Investments in a new way - Alternative Investment Funds (AIF)

# data[].attributes.attachment_link.description
An Fund or AIF is an investment vehicle that privately pools investments from sophisticated investors, whether Indian or foreign, for investing according to a defined investment policy for the benefit of its investors. These funds are typically used by high-net-worth individuals and organisations since, unlike Mutual Funds, they require a sizable initial investment.

# data[].attributes.body
Legal funding has arisen as a significant asset for cash-starved clients battling to earn a living wage as they trust that forthcoming prosecution will be settled. Albeit a few individuals from the legal local area were at first suspicious of legal funding, it has won over be a significant and important monetary answer for both lawyers and their clients. Starting to invest in legal financing is very helpful.

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Legal & Debt Financing Investments for everyone!

Start investing with as low as INR 10,000!

Let’s Connect

We would love to discuss our products with you.

Why should you invest with us?

Risk
management

We mitigate your risks by following an exhaustive due diligence process before funding any deal.

Lucrative
returns

Get 20%+ IRRs on a diversified portfolio.

Uncorrelated to market

Legal financing investments do not depend on the capital market or broader macroeconomic factors.

Diversification

Invest in multiple opportunities in legal financing domain.

Secure

256-bit SHA encryption standards to keep your data safe.

Transparency

Transparent investment process allowing investors to track their portfolio on a real-time basis.

How to Invest With Us?

1

Review available opportunities.

2

Complete eKYC and proceed with the investment.

3

Read and digitally sign the investment agreement.

4

Track your investments in a real-time manner.

Let’s Compare

Litigation-financing asset class – A comparative analysis with other assets classes

IRRs

Correlation to Capital Markets

Liquidity

Realisation Event

Price Volatility

Investment Cycle

Legal and Debt Financing Asset Class: A Comparative Analysis with other asset classes

Assets-class

Correlation to Capital Markets

IRRs

Liquidity

Realisation Event

Price Volatility

Investment Cycle

Interim-Financing

Uncorrelated

20%+

High

Certain

NA

Short

Litigation-Financing

Uncorrelated

30%+

Moderate

Certain

NA

Moderate

Fixed Deposits | Uncorrelated | 5% to 7.5% | High | Certain | NA | Varies
Index (Nifty,Sensex) | High | 10% to 16% | High | Certain | High | Varies
Corporate Bonds | Low | 9% to 12% | Moderate | Certain | Low | Moderate
Gold | Uncorrelated | -5% to 20% | Moderate | Certain | Moderate to High | Varies
Real Estate | Uncorrelated | 3% to 16% | Low | Certain | Moderate | Longer
Venture Fund/Private Equity | Medium | 10% to 25% | Low | Uncertain | NA | Longer

Notes –
1. Please note that the returns in litigation-financing asset class are estimated at a portfolio level – diversified cases that range across various stages, forums, and types.
2. All the return calculated above are on pre-tax basis.

Explore

Company

Visit Us

500, 5th Floor, ITL Twin Tower Netaji Subhash Place, Pitampura New Delhi - 110034

Disclaimer

LegalPay is not a registered broker-dealer, lender, law firm, and/or money transfer service and does not conduct any activity that would require such registration. LegalPay does not provide any kind of legal consultation or legal services. please read this document carefully before you access or use the service. by accessing, registering at the site, and or using LegalPay services you agree to be bound by the terms and conditions set forth below. if you do not wish to be bound by these terms and conditions, please do not access or register for our site and/or engage in any activity conducted by LegalPay. if you violate any of these terms of service (which include by reference LegalPay’s privacy policy), or otherwise violate an agreement between you and us, LegalPay may, apart from initiating any legal proceedings, terminate your privileges, delete your profile and any content or information that you have posted on the site and/or prohibit you from using or accessing the service or the site (or any portion, aspect or feature of the service or the site), at any time in its sole discretion, with or without notice. It is stated that ‘LegalPay’ and ‘LLP (created for Special Purpose Vehicle)’ are two separate legal entities. The Investors will become limited Partners to the said LLP. LLP provides case management services to its clients. The Investors are requested to read the Risk Disclosure & Consent Agreement, LLP Agreement and Non-Disclosure Agreement thoroughly before making the investment in the listed Opportunities.

Refund Policy

Any request for a refund can be made to investor@legalpay.in. LegalPay will update you on the status of your refund. The committed amount will be refunded to you within 7 to 14 business days of your request.

© LegalPay Technology Private Limited

Disclaimer

LegalPay is not a registered broker-dealer, lender, law firm, and/or money transfer service and does not conduct any activity that would require such registration. LegalPay does not provide any kind of legal consultation or legal services. please read this document carefully before you access or use the service. by accessing, registering at the site, and or using LegalPay services you agree to be bound by the terms and conditions set forth below. if you do not wish to be bound by these terms and conditions, please do not access or register for our site and/or engage in any activity conducted by LegalPay. if you violate any of these terms of service (which include by reference LegalPay’s privacy policy), or otherwise violate an agreement between you and us, LegalPay may, apart from initiating any legal proceedings, terminate your privileges, delete your profile and any content or information that you have posted on the site and/or prohibit you from using or accessing the service or the site (or any portion, aspect or feature of the service or the site), at any time in its sole discretion, with or without notice. It is stated that ‘LegalPay’ and ‘LLP (created for Special Purpose Vehicle)’ are two separate legal entities. The Investors will become limited Partners to the said LLP. LLP provides case management services to its clients. The Investors are requested to read the Risk Disclosure & Consent Agreement, LLP Agreement and Non-Disclosure Agreement thoroughly before making the investment in the listed Opportunities.

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Commercial Wisdom of Committee of Creditors.pdf

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Commercial Wisdom of Committee of Creditors.pdf

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Commercial Wisdom of Committee of Creditors

# data[].attributes.headline
Commercial Wisdom of Committee of Creditors

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Commercial Wisdom of Committee of Creditors

# data[].attributes.body
The Insolvency and Bankruptcy Code, 2016 (IBC) stipulates a period that is 180 days which can be extended to a maximum of 330 days. In this period the Corporate Insolvency Resolution Process (CIRP) should be completed. Financial Creditor, Operational Creditor of the Corporate Debtor (CD), or the Corporate Debtor itself, can initiate the CIRP. When the CIRP is initiated by the Adjudicating Authority an Interim Resolution Professional (IRP) is appointed, who acts on behalf of the Directors of the Corporate Debtor.

Role of CoC

When the claims of various creditors are verified by the IRP, a Committee of Creditors (CoC) is constituted. This CoC Comprises of financial creditors and is the decision-making body for the Corporate Debtor's administration. The Code and the regulations made confer various powers on the CoC, including appointing the IRP as the Resolution Professional (RP), supervising their functioning and conduct, and even replacing the RP if the RP's conduct is not satisfactory[1].

It is agreed that the CD day-to-day operations are managed by the RP, however the CoC has the authority and responsibility to make decisions on all matters critical to the CD's operation. The Code[2] has listed various acts that the RP can do but with the prior approval of the CoC, such as creating a security interest over the CD's assets, Appointment of the Valuers / Advocates /Transaction Auditors, raising interim finance etc. The CoC ensures that sensible actions are taken to preserve the entity's value.

One of the most important roles of the CoC's is to determine the viability of the CD's business, examine the feasibility of future operations, the costs and expenses, and according to its commercial wisdom resolve to either proceed with the CIR process, including the decision to extend the timeline, to liquidate the CD[3] or to approve the Resolution plan (which is subjected to the final approval of Adjudicating Authority). Furthermore, an application of withdrawal of the insolvency application can only be filed before the Adjudicating Authority after the approval of 90 percent of the CoC's.

Commercial Wisdom of CoC

The scope of the CoC's 'commercial wisdom' has always been a point of conflict, particularly in the context of judicial interference with the CoC's decision-making power.

Hon’ble Supreme Court in the case of K Shashidhar v. Indian Overseas Bank and Ors[4] highlighted the importance of CoC and held that -

[1] Section 27 of the Insolvency and Bankruptcy Code,2016
[2] Section 28 of the Insolvency and Bankruptcy Code,2016
[3] Section 33 of the Insolvency and Bankruptcy Code,2016
[4] Civil Appeal No. 10673/2018, February 05, 2019.

“The Adjudicating Authority cannot interfere on merits with the commercial decision taken by the CoC, the limited judicial review available is to see that the CoC has taken into account the fact that the corporate debtor needs to keep going as a going concern during the insolvency resolution process; that it needs to maximise the value of its assets; and that the interests of all stakeholders including operational creditors has been taken care of”

Similarly, in State Bank of India v. Ushdev International Limited, the Mumbai Bench of the National Company Law Tribunal (NCLT) observed that where the CoC does not exercise commercial wisdom with caution, the "NCLT can disregard such an illogical, unreasoned, unfounded, and unsound decision of the CoC.”

The Supreme Court's decisions in Arcelor Mittal India Pvt. Ltd. v. Satish Kumar Gupta and Ors[1] and Swiss Ribbons Pvt. Ltd. and Anr. v. Union of India[2] highlighted the CoC's role and responsibility, which includes, but is not limited to, assessing the feasibility and viability of a resolution plan, the eligibility of the resolution applicant (RA), all attempts to keep the CD as a going concern with liquidation as the last (OCs). Nevertheless, if the CoC's commercial decision contravenes the basic contours of the IBC, the NCLT would be justified in applying its judicial wisdom and rejecting the CoC's decision on approval or rejection of a resolution plan.

In yet another recent case, Ghanashyam Mishra & Sons Pvt Ltd through the Authorized Signatory v. Edelweiss Asset Reconstruction Co Ltd through the Director & Ors[3], the Supreme Court referred to past decisions and reaffirmed that the commercial wisdom of the CoC is paramount and the scope of judicial review is limited to the extent provided by Sections 31 and 61(3) of the IBC.

It is significant to mention that the premise of commercial wisdom of CoC is based on the assumption that CoC is fully informed about the viability of the Corporate Debtor, the feasibility of the proposed Resolution Plan, and its impact on all stakeholders, and thus act in accordance with a thorough examination of the Resolution Plan. As a result, the CoC makes a collective decision based on this diligent assessment along with use of competent expertise.

The Insolvency and Bankruptcy Code, 2016 considers that CoC plays an integral role in running CIRP and it sets the highest levels of conduct and performance. It is the most appropriate body to attempt to revive and rehabilitate distressed CDs both commercially and prudently. However, it is important to consider steps that could be taken to further strengthen the framework of CoC under the Code, which can be done if India frames a code of conduct for the CoC, which would define the guiding principles for the CoC's conduct and ensure that its commercial wisdom is within the four walls of these guiding principles, with any deviations necessitating reasonable explanation or attracting legal implications.

[1] Civil Appeal Nos. 9402-9405 of 2018, October 04, 2018
[2] (2019) 4 SCC 17, January 25, 2019.
[3] 2021 SCC Online SC 313

The introduction of code of conduct could significantly strengthen the CIRP and maximise value for LegalPay is India’s first tech-driven fintech that specializes in legal and fund insolvency financing. Insolvency financing also widely known as interim financing, acts as oxygen to companies under distress and help companies under insolvency to run as a going concern and maximise the value of assets to protect the interest of stakeholders involved.

LegalPay provides funds to corporate debtors who are in need of Interim Finance that ranges from Rs. 30 Lakhs to 20 Crores. LegalPay is backed by a strong team comprising Company Secretaries, Lawyers (Alumni of India’s top-ranking college), MBA, Economists, and Charted Accountants. r all stakeholders through high levels of process conduct.

References:

1. B. Sriram, A Code of Conduct for Committee of Creditors, IBBI - https://www.ibbi.gov.in/uploads/resources/6736e357f5c139e6402b038f4492e10b.pdf

2. Faranaaz Karbhari and Akriti Shikha, India: Commercial Wisdom of Creditors, 21 June 2021, https://www.mondaq.com/india/insolvencybankruptcy/1080856/commercial-wisdom-of-committee-of-creditors-

For original post visit: https://legal-pay-fund-services.blogspot.com/2022/06/commercial-wisdom-of-committee-of.html

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Arbitration is a form of alternate dispute resolution.ppt

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Arbitration is a form of alternate dispute resolution.ppt

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Arbitration is a form of alternate dispute resolution

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Arbitration is a form of alternate dispute resolution

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Arbitration is a form of alternate dispute resolution

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Arbitration is a form of alternate dispute resolution whereby parties decide to settle the disputes arising between themselves by submitting their claims to a mutually appointed arbitrator. In recent times, it has become the most preferred form of adjudication in the world. So much so that the growing popularity of arbitration among businesses can be credited for being one of the major facilitators of globalization and for blurring borders with respect to trade and commerce across the world.

Alternate dispute resolution practices have been in existence in India for a long time. Having a mechanism along with the conventional system has been in practice in India that makes the judicial process less laborious and more effective. Although the Arbitration (Protocol and Convention) Act, 1937 and Foreign Awards (Recognition and Enforcement) Act, 1961 were enacted in India to ratify, recognize and enforce Arbitral Awards emanating from international commercial arbitration, the Arbitration Act of 1940 became a subject of allurement for various commentators who mostly offered their views on law relating to domestic arbitration.

With technology advancing exponentially, the world’s growing smaller. Anything and almost everything can be reached with the press of a few keys. While cross-border trade has become much easier than ever before, the participation of parties from significantly distinct backgrounds in modern-day trade has given rise to more complex disputes. India with its evolving global ambitions is certainly not exclusive to this phenomenon.

Therefore, the Arbitration and Conciliation Act of 1996 (hereinafter referred to as ‘the Act’) was adopted in consonance with the Model Law[1] framed by the United Nations Commission on International Trade Law (UNCITRAL) as its guide with a view to deal with domestic as well as international arbitration. While introducing the Arbitration and Conciliation Bill of 1995, the Minister of Law submitted different reasons and objectives among which, provisions for an expedite, fair and efficient means of alternate dispute resolution were paramount.

[1] UNITED NATIONS COMMISSION ON INTERNATIONAL TRADE LAW (https://uncitral.un.org/sites/uncitral.un.org/files/media-documents/uncitral/en/arb-rules.pdf)

Although the entire Act was formulated while keeping the UNCITRAL provisions in mind, Section 11 (6)[1] was incorporated into the Act as an insurance against the failure of the arbitration agreement and it stands in a slight deviation from the Model Law, wherein the appointment of Arbitrators in Article 6 of the Model Law was substituted by ‘Chief Justice’. The substitution has not only caused inconvenience to the parties but also given rise to difficulties in seeking remedies against the order of the Chief Justice or the person or institution designated by him.[2] After the passage of some years, a larger Bench of Supreme Court in SBP and Co. vs. Patel Engineering g. Ltd.[3] while overruling the Konkan Railway Corporation case held that the power to appoint an Arbitrator under Section 11 is a judicial power and not merely an administrative power.

In April 2022 the Hon’ble Supreme Court observed that many applications under Sections 11(5) and 11(6) of the Arbitration Act remain pending, while for more than a year in   many   High Courts, applications for appointment   of arbitrator(s) are pending for more than four to five years. The Apex Court further expressed that if the arbitrators are not appointed on time and if the applications remain pending for a number of years, it defeats the object and purpose of the enactment of the Act and it may eventually lose the significance of an expeditious alternate dispute resolution mechanism.

With that in view, the Hon’ble Supreme Court in its recent judgment[4] while expressing its dissent over such overwhelming pendency of cases has ordered the High Courts to ensure that all pending applications under Sections   11(5)   and   11(6)   of   the  Act   and/ or any   other applications   either   for   substitution   of   arbitrator   and/ or   change of arbitrator, which are pending for more than one year from the date of filing, must be decided within six months from the date of the passing of the order. It further directed that the Chief Justices of the High Courts shall partake

[1] THE ARBITRATION AND CONCILIATION ACT, 1996 (https://indiankanoon.org/doc/1841764/)

[2]Konkan Railway. Corporation. V. Rani Construction. (P) Ltd. (2002) 2 SCC 388
[3] (2005) 8 SCC 618
[4]M/s Shree Vishnu Constructions v. The Engineer in Chief, Military Engineering Service & Ors.

all endeavours to decide and dispose of the applications under Sections 11(5) and 11(6) of the Act and/ or any other like application at the earliest and preferably within a period of six months from the date of filing of the application.

While different countries are opting for expedited arbitration because of its expeditious nature and reduced cost, the law in India is aiming to provide for a similar fast track mechanism under Section 29B of the Act to effectively utilise the provisions of the Act and to comply with the time frame as prescribed under Section 29A, various measures have been taken.

The pendency of applications under Section 11(5) & 11(6) stands antithetical with the efforts made towards making arbitration proceedings more efficient. The Supreme Court has conclusively observed the pattern of delay caused by howsoever limited judicial intervention there might be and has addressed it for the benefit of the parties involved. The measures taken by the Supreme Court may not only promote domestic arbitration but are an attempt to fix buckling under the roof.

LegalPay is India's only third-party litigation funder and legal interim financing. LegalPay provides non-recourse funding in commercial legal claims in exchange for a share in the final recovery, implying that the litigant only has to pay only upon a successful realization of the claim. LegalPay is a VC-backed start-up with support from prominent names such as 9Unicorns, LetsVenture, VentureCatalysts and Amity Innovation Incubator.

For original post visit: https://legalfundservices.tumblr.com/post/687214944985530368/arbitration-is-a-form-of-alternate-dispute

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Assignment of NRRAs under Regulation 37A.pdf

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Assignment of NRRAs under Regulation 37A.pdf

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Assignment of NRRAs under Regulation 37A

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Assignment of NRRAs under Regulation 37A

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Assignment of NRRAs under Regulation 37A

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On 13th November 2020, Insolvency and Bankruptcy Board of India (“IBBI”) issued the Insolvency and Bankruptcy Board of India (Liquidation Process) (Fourth Amendment) Regulations, 2020. One of the major purposes, for which this amendment was brought in was to ease the process of sale of liquidation assets.

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On 13 th November 2020, Insolvency and Bankruptcy Board of India (" IBBI ") issued the Insolvency and Bankruptcy Board of India (Liquidation Process) (Fourth Amendment) Regulations, 2020. One of the major purposes, for which this amendment was brought in was to ease the process of sale of liquidation assets. As we all are aware that realization of some assets (such as continent claims, disputed receivables, disputed assets, refund from government etc.) have been an uphill task for any liquidator. Since realization of these assets may take quite some time, they are referred in these regulations as 'Not Readily Realizable Asset' or NRRA, which term has been introduced by inserting Regulation 37A.

There is always a sense of urgency in a liquidation process and liquidator tries to ensure that the creditors of corporate debtors are able to realize maximum value of the assets of corporate debtor. However, these NRRAs create a sort of hurdle in this urgent process.

Regulation 37A permits the liquidator to assign or transfer a NRRAs through a transparent process, in consultation with the stakeholders' consultation committee in accordance with regulation 31A, for a consideration to any person, who is eligible to submit a resolution plan for insolvency resolution of the corporate debtor which is governed by Section 29A of the Code.

The IBBI in its press release no. IBBI/PR/2020/16 dated 13.11.2021 clearly stated that "The Code envisages early closure of liquidation process so that the assets of the CD are released for alternate uses expeditiously. However, the process takes longer where the liquidation estate includes a 'not readily realizable asset'."

It also goes on to mention that a liquidator shall attempt to sell the assets at the first instance, failing which he may assign or transfer an asset to any person, in consultation with the stakeholders' consultation committee, and failing which he may distribute the undisposed off assets amongst stakeholders, with the approval of the Adjudicating Authority.

To undertake the assignment of NRRAs, there exists two options i.e., absolute assignment and assignment with recompense facility. As is apparent from its name, in an absolute assignment, assignment of NRRAs will be absolute and the assignee would have right over the assets and any action related thereto. The assignment would also include the transfer of all the legal rights, remedies and power to bring the action to an end (such as settlement) without the interference of the assignor (liquidator). On the other hand, assignment with recompense facility will allow the liquidator to assign the asset with an initial price. Any subsequent net discovery (i.e., value realized less costs incurred in the recovery process) of the value over and above the initial price would be shared between assignee and the assignor, as per terms of the assignment.

LegalPay, India's first and only litigation financing and interim financier, who can act as an assignee of an NRRA and can also fund the any disputed litigations (as part of an NRRA) for any assignee. LegalPay endeavours to have these NRRAs assigned in its favour on very competent and viable commercials, which will undoubtedly help the liquidator close the liquidation process in a timely manner. In addition to this, LegalPay also aims to fund the commercial litigations, which have been assigned in favour of an assignee as NRRA and any such assignee can easily approach LegalPay to seek funding for such litigations.

provides a non-recourse funding in commercial legal claims in exchange for a share in the final recovery, implying that the litigant only has to pay only upon a successful realization of the claim. LegalPay is a VC-backed start-up with support from prominent names such as 9Unicorns, Lets Venture, Venture Catalysts and Amity Innovation Incubator.

LegalPay has also emerged as a significant player in providing legal interim financing to companies that have entered into insolvency under the Insolvency and Bankruptcy Code, 2016. This finance is provided at market competitive interest rates with structures suiting the requirements of the company.

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Assignment of NRRAs under Regulation 37A

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On 13 th November 2020, Insolvency and Bankruptcy Board of India (" IBBI ") issued the Insolvency and Bankruptcy Board of India (Liquidation Process) (Fourth Amendment) Regulations, 2020. One of the major purposes, for which this amendment was brought in was to ease the process of sale of liquidation assets.

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Alternative investments or assets regularly have a low connection to more conventional resource classes, as examined. Alternative Assets in this way give an open door to portfolio enhancement, decreasing by and large gamble openness across investments. Numerous alternative resources likewise give a fence against expansion.