Overview

This book provides an authoritative account of the evolution and application of private international law principles in India in civil commercial and family matters. Through a structured evaluation of the legislative and judicial decisions, the authors examine the private international law in the Republic and whether it conforms to international standards and best practices as adopted in major jurisdictions such as the European Union, the United Kingdom, the United States, India's BRICS partners - Brazil, Russia, China and South Africa and other common law systems such as Australia, Canada, New Zealand, and Nepal. Divided into 13 chapters, the book provides a contextualised understanding of legal transformation on key aspects of the Indian conflict-of-law rules on jurisdiction, applicable law and the recognition and enforcement of foreign judgments or arbitral awards. Particularly fascinating in this regard is the discussion and focus on both traditional and contemporary areas of private international law, including marriage, divorce, contractual concerns, the fourth industrial revolution, product liability, e-commerce, intellectual property, child custody, surrogacy and the complicated interface of ‘Sharia’ in the conflict-of-law framework. The book deliberates the nuanced perspective of endorsing the Hague Conference on Private International Law instruments favouring enhanced uniformity and predictability in matters of choice of court, applicable law and the recognition and enforcement of foreign judgments. The book's international and comparative focus makes it eminently resourceful for legislators, the judges of Indian courts and other interested parties such as lawyers and litigants when they are confronted with cross-border disputes that involve an examination of India's private international law. The book also provides a comprehensive understanding of Indian private international law, which will be useful for academics and researchers looking for an in-depth discussion on the subject.

Full Product Details

Author:   Stellina Jolly (South Asian University, India) ,  Saloni Khanderia (Jindal Global University, India)
Publisher:   Bloomsbury Publishing PLC
Imprint:   Hart Publishing
Weight:   0.822kg
ISBN:  

9781509938186

ISBN 10:   1509938184
Pages:   392
Publication Date:   07 October 2021
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   Manufactured on demand  
We will order this item for you from a manufactured on demand supplier.

Table of Contents

PART I GENERAL PRINCIPLES 1. Introduction 2. Basic Concepts and Status of Private International Law in India I. Introduction II. Overview of Indian Legal Framework III. Conceptual Foundations of Private International Law IV. Genesis of Private International Law in India V. Operationalisation of Private International Law: Classic Concepts VI. Conclusion 3. Domicile, Nationality, and Residence I. Introduction II. Domicile III. Nationality and Residence IV. Ascertaining Domicile under Indian Private International Law Rules V. Conclusion 4. Proving, Pleading, and Excluding the Foreign Laws I. Introduction II. Substantive and Procedural Law III. Pleading Foreign Law IV. Exclusion of Foreign Law V. Overriding Mandatory Norms and Public Policy (Ordre Public) VI. Conclusion PART II JURISDICTION 5. Jurisdiction: Which Court will Adjudicate a Matter? I. Introduction II. Persons who may File a Suit before an Indian Court III. Jurisdiction in personam IV. Jurisdiction in Actions in rem V. Reflections on Indian Law: Some Insights based on Global Trends VI. Conclusion 5 PART III FAMILY LAW 6. Private International Law Practice in Marriage I. Introduction II. Indian Legislative Framework on Marriage and its Religious Base III. Same-Sex Marriage: Legal Analysis of Private International Law Principles IV. Hague Conference on Private International Law and Matrimonial Conventions V. Conclusion 7. Private International Practice in Divorce and Related Matters I. Introduction II. Conflict of Laws Issues in Divorce III. Recognition of Foreign Divorce in India IV. Ancillary Financial Orders and Nullity of Marriage V. Annulment and Nullity of Marriages VI. Conclusion 8. Private International Law Practice and Children: Issues of Custody and Abduction I. Introduction II. Jurisprudence on the Well-Being of the Child: An Interplay of Public and Private International Law III. Indian Legal Framework Relating to Intercountry Child Abduction IV. Recognition of Foreign Custody Orders V. Conclusion 9. Cross-Border Surrogacy and Private International Law I. Introduction II. Private International Law Issues in Cross Border Surrogacy III. Legal Status of Commercial Surrogacy in India IV. Judicial Statements on Surrogacy: Public Policy Narratives V. Legal Initiatives for Harmonisation and India’s Role VI. Conclusion PART IV LAW OF OBLIGATIONS 10. The Applicable Law in Contractual Obligations I. Introduction II. Identification of the Applicable Law in Contractual Obligations in India III. Scope of the Proper Law of the Contract IV. Reflections on Indian Law: Some Insights based on Global Trends V. Conclusion 11. The Applicable Law in Non-Contractual Obligations I. Introduction II. Identification of Applicable Law in Non-Contractual Obligations in India III. Reflections on Indian Law: Some Insights Based on Global Trends IV. Conclusion PART V RECOGNITION AND ENFORCEMENT 12. The Recognition and Enforcement of Foreign Judgments I. Introduction II. The Recognition and Enforcement of Foreign Judgments III. Determining Eligibility of a Foreign Judgment IV. The Disqualification of a Foreign Judgment from Recognition or Enforcement V. Reflections on Indian Law: Some Insights Based on Global Trends VI. Conclusion 13. The Recognition and Enforcement of Foreign Arbitral Awards I. Introduction II. The Law on the Recognition and Enforcement of Foreign Arbitral Awards III. The Execution of Foreign Arbitral Awards in India IV. Disqualification of a Foreign Arbitral Award from Recognition or Enforcement in India V. Conclusion PART VI FINAL REMARKS 14. Looking Forward

Reviews

Indian Private International Law certainly contains the currently leading reference to Indian private international law in English. -- Matthias Weller * Conflictoflaws.net *

Author Information

Stellina Jolly is Senior Assistant Professor at the Faculty of Legal Studies, South Asian University, Delhi, India. Saloni Khanderia is Professor of Law at the Jindal Global Law School, Sonipat, India and Alexander von Humboldt Fellow at Ludwig Maximilian University, Munich, Germany.

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