51Ƶ

Litigation Financing Agreement Template for India

A comprehensive agreement governed by Indian law that establishes the terms and conditions under which a third-party funder provides financial support for legal proceedings. The document details funding commitments, return structures, control mechanisms, and risk allocation between the funder and funded party, while ensuring compliance with Indian legal requirements and professional conduct rules. It addresses key aspects such as confidentiality, privilege protection, decision-making rights, and dispute resolution mechanisms, tailored to the Indian judicial system's specific requirements and common law principles.

Typically:
₹16400
i
This cost is based on prices provided by
6 legal services in your market.
With GenieAI:

₹0

i
Generate and export your first
document completely free.
Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.
Get template free

Your data doesn't train Genie's AI

You keep IP ownership of your docs

4.6 / 5
4.6 / 5
4.8 / 5
Alternatively...

What is a Litigation Financing Agreement?

The Litigation Financing Agreement serves as the primary contract between a third-party funder and a party seeking funding for legal proceedings in India. While litigation funding is not explicitly regulated in India, this agreement operates within the framework of common law principles and existing contractual regulations. The document is typically used when a party has a strong legal claim but lacks the financial resources to pursue litigation, or wishes to manage litigation costs and risks more effectively. It comprehensively covers funding terms, success fees, control rights, confidentiality obligations, and termination provisions, while ensuring compliance with Indian legal requirements including the Contract Act, 1872, and relevant Bar Council regulations. The agreement is particularly important given the evolving nature of litigation funding in India and the need to carefully structure arrangements to avoid conflicts with champerty and maintenance principles.

What sections should be included in a Litigation Financing Agreement?

1. Parties: Identification of the Funder and the Funded Party, including full legal names and addresses

2. Background: Context of the underlying litigation and purpose of the funding arrangement

3. Definitions: Detailed definitions of key terms used throughout the agreement

4. Funding Commitment: Details of the funding amount, drawdown conditions, and funding schedule

5. Return Structure: Calculation and payment of the funder's return, including success fees and priority of payments

6. Control and Decision Making: Rights and limitations regarding litigation strategy, settlement decisions, and choice of counsel

7. Representations and Warranties: Standard and specific warranties from both parties

8. Confidentiality and Privilege: Provisions protecting confidential information and legal privilege

9. Reporting and Information Rights: Obligations to provide updates and information about the litigation

10. Term and Termination: Duration of the agreement and circumstances allowing termination

11. Dispute Resolution: Mechanism for resolving disputes between the parties

12. General Provisions: Standard boilerplate clauses including notices, amendments, and governing law

What sections are optional to include in a Litigation Financing Agreement?

1. Security Arrangements: Used when the funding is secured against specific assets or rights

2. After-the-Event Insurance: Included when ATE insurance is part of the funding arrangement

3. Multiple Party Provisions: Required when there are multiple claimants or group litigation

4. Cross-Border Provisions: Necessary for international litigation or foreign funders

5. Counsel Fee Arrangements: Included when the funder is also covering legal fees

6. Priority and Waterfall: Used in complex cases with multiple stakeholders and payment priorities

7. Portfolio Funding Terms: Required when funding multiple cases under one agreement

What schedules should be included in a Litigation Financing Agreement?

1. Schedule 1 - Case Budget: Detailed budget for the litigation including counsel fees and other costs

2. Schedule 2 - Drawdown Conditions: Specific conditions that must be met for each funding tranche

3. Schedule 3 - Return Calculations: Detailed formulae and examples of return calculations

4. Schedule 4 - Approved Counsel and Experts: List of pre-approved legal counsel and experts

5. Schedule 5 - Reporting Requirements: Templates and timing for required litigation updates

6. Schedule 6 - Case Theory and Evidence: Summary of the case theory and key evidence

7. Schedule 7 - Key Litigation Documents: Copies of essential litigation documents

8. Appendix A - Power of Attorney: If required for the funder to take certain actions

9. Appendix B - Communication Protocol: Procedures for maintaining privilege and confidentiality

Authors

Alex Denne

Advisor @ GenieAI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

India

Publisher

GenieAI

Document Type

Loan Agreement

Sector

Banking

Cost

Free to use

Find the document you need

Mortgage Servicing Agreement

An agreement governing mortgage servicing operations in India, establishing the relationship between lenders and servicers under Indian banking laws.

Download

Letter For Lending Money To Someone

An Indian law-compliant letter document that formalizes a money lending arrangement between parties, detailing loan terms and conditions.

Download

Borrow Agreement Form

An Indian law-governed agreement establishing terms and conditions for borrowing arrangements, including loan amount, interest rates, and repayment terms.

Download

Borrowing Money Letter

A formal letter document governed by Indian law that establishes loan terms between borrower and lender, serving as a legally binding record of the borrowing arrangement.

Download

Unsecured Personal Loan Agreement

An Indian law-governed agreement for unsecured personal loans, establishing loan terms and parties' obligations without requiring collateral.

Download

Two Wheeler Loan Agreement

An Indian law-governed agreement establishing terms and conditions for two-wheeler vehicle financing, including loan details, security arrangements, and party obligations.

Download

Term Loan Facility Agreement

An Indian law-governed agreement setting out terms and conditions for a term loan facility, including loan amount, interest, repayment, and security arrangements.

Download

Syndicated Facility Agreement

An Indian law-governed agreement establishing terms for a loan provided by multiple lenders (syndicate) to a borrower, detailing facility terms and regulatory compliance requirements.

Download

Simple Mortgage Deed Draft

An Indian legal document creating a charge on immovable property as security for a loan, governed by the Transfer of Property Act, 1882.

Download

Simple Loan Agreement Form

An Indian law-governed agreement establishing terms and conditions between lender and borrower for a basic loan transaction.

Download

Self Help Group Loan Agreement Form

An Indian jurisdiction agreement establishing loan terms between a financial institution and a Self Help Group, incorporating group liability and microfinance regulations.

Download

Private Loan Agreement For (Real Estate)

An Indian law-governed agreement establishing terms and conditions for private lending secured against real estate property, including loan terms, security arrangements, and enforcement mechanisms.

Download

Personal Loan Agreement Document

An Indian law-governed agreement documenting terms and conditions of a personal loan between lender and borrower, including loan amount, interest, repayment terms, and legal obligations.

Download

Peer To Peer Lending Agreement

An RBI-compliant agreement governing peer-to-peer lending transactions in India, establishing terms between lender and borrower through a regulated P2P platform.

Download

Small Loan Contract

An Indian law-governed agreement establishing terms and conditions for a small-scale loan between lender and borrower, including loan amount, interest rates, and repayment terms.

Download

Loan Car Form

An Indian-compliant legal document establishing terms and conditions for temporary vehicle loans between parties, adhering to Indian motor vehicle and contract laws.

Download

Acknowledgement Of Debt Agreement

An Indian law-governed agreement formally recognizing a debt obligation between parties, including repayment terms and interest calculations.

Download

Loan Agreement Between Companies

An Indian law-governed agreement establishing terms and conditions for an inter-company loan, including loan amount, interest, repayment terms, and parties' obligations.

Download

Litigation Financing Agreement

An Indian law-governed agreement establishing terms for third-party funding of legal proceedings, including funding commitments, returns, and control mechanisms.

Download

Credit Terms Agreement

An India-governed agreement establishing credit facility terms between lender and borrower, compliant with Indian banking regulations and enforcement mechanisms.

Download

Promise Note

A legally binding financial instrument under Indian law containing an unconditional written promise to pay a specified sum of money to a designated person.

Download

Loan Repayment Letter

An Indian law-compliant formal document that outlines and confirms loan repayment terms and schedule between a borrower and lender.

Download

Letter To Borrow Money From Friend

A formal letter document under Indian law that establishes terms and conditions for borrowing money from a friend, maintaining legal validity while preserving the personal nature of the transaction.

Download

Interest Loan Agreement

An Indian law-governed agreement establishing terms for a loan with interest, including loan amount, interest rates, repayment schedule, and enforcement provisions.

Download

Loan Novation Agreement

An Indian law-governed agreement that transfers loan rights and obligations from one lender to another while maintaining the original loan terms.

Download

Subordination Of Debt Agreement

An Indian law-governed agreement establishing the priority ranking between different creditors and regulating the subordination of certain debt obligations to others.

Download

Loan Facilitation Agreement

An Indian law-governed agreement establishing terms for loan facilitation services between facilitators and financial institutions, compliant with RBI regulations.

Download

Unsecured Directors Loan Agreement

An Indian law-governed agreement establishing terms for an unsecured loan from a company to its director, compliant with Companies Act 2013.

Download

Simple Loan Application Form

An Indian-law compliant loan application form for capturing applicant details and loan requirements, adhering to RBI guidelines and banking regulations.

Download

Personal Loan Receipt

An Indian-law compliant document acknowledging the receipt of a personal loan, detailing loan terms and parties involved.

Download

Loan Agreement With Guarantor

An Indian law-governed agreement establishing loan terms between lender and borrower, backed by a guarantor's commitment to secure the loan repayment.

Download

Facility Agreement

An Indian law-governed agreement setting out terms and conditions for lending facilities, including amount, interest, repayment, and security arrangements.

Download

Employee Cash Advance Agreement

An Indian law-compliant agreement governing employer-provided cash advances to employees, including terms for provision and repayment.

Download

Device Loan Agreement

An Indian law-governed agreement establishing terms for temporary device loans between parties, including usage conditions, maintenance requirements, and return terms.

Download

Loan And Mortgage Agreement

An Indian law-governed agreement establishing loan terms and creating a mortgage security over property, detailing financial obligations and enforcement rights.

Download

Loan Agreement Between Director And Company

An Indian law-compliant loan agreement between a company director (as lender) and their company (as borrower), including regulatory compliance and transaction terms.

Download

Line Of Credit Contract

An Indian law-governed agreement establishing a flexible credit facility between a lender and borrower, with specified drawdown and repayment terms.

Download

International Loan Agreement

An Indian law-governed agreement establishing terms for cross-border lending between international lenders and Indian borrowers, including loan terms, security, and regulatory compliance requirements.

Download

Inter Corporate Deposit Agreement

An Indian law-governed agreement facilitating lending between corporate entities, detailing deposit terms, conditions, and regulatory compliance requirements.

Download

Undertaking Loan Agreement

An Indian law-governed agreement establishing loan terms and borrower undertakings, detailing financial obligations and security arrangements.

Download
See more related templates

ұԾ’s Security Promise

Genie is the safest place to draft. Here’s how we prioritise your privacy and security.

Your data is private:

We do not train on your data; ұԾ’s AI improves independently

All data stored on Genie is private to your organisation

Your documents are protected:

Your documents are protected by ultra-secure 256-bit encryption

We are ISO27001 certified, so your data is secure

Organizational security:

You retain IP ownership of your documents and their information

You have full control over your data and who gets to see it