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Indian Private International Law

Indian Private International Law

Author: Stellina Jolly; Saloni Khanderia
Publisher: Hart Publishing
ISBN: 9781509938186
Published In: December 2021
Format: Hardback , 320 pages
Jurisdiction: India ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

Details

This book provides an authoritative account of the evolution and application of private international law principles in India in 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.
Acknowledgements
List of Abbreviations
Table of Cases
Table of Conventions

Preface

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 the 'Domicile' under the Indian Private International Law Rules
V. Conclusion

4. Proving, Pleading, and Excluding the Foreign Laws
I. Introduction
II. Substantive and Procedural Laws
III. Pleading Foreign Law
IV. Exclusion of Foreign Law
V. The Overriding Mandatory Norms and the Public Policy (Ordrè Public) of India
VI. Conclusion

Part II: Jurisdiction
5. Jurisdiction: Which Court will Adjudicate the 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

Part III: Family Law
6. Private International Practice in Marriage
I. Introduction
II. Indian Legislative Frame Work on Marriage and 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. Child Jurisprudence: Interplay of Public and Private International Law
III. Indian Legal Framework Relating to Inter-country Child Abduction
IV. Recognition of Foreign Custody Order
V. Conclusion

9. Cross Border Surrogacy and Private International Law
I. Introduction
II. Surrogacy and Private International Law Issues
III. Legal Status of Commercial Surrogacy in India
IV. Judicial Opinion on Cross-Border Surrogacy
IV. Legal Initiatives for Harmonisation by HCCH and India's Role
V. Conclusion

Part IV: Law of Obligations
10. The Applicable Law and Contractual Obligations
I. Introduction
II. The Identification of the Applicable Law in Contractual Obligations in India
III. The 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 and Non-Contractual Obligations
I. Introduction
II. The Identification of the 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 the 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. The Disqualification of a Foreign Arbitral Award from Recognition or Enforcement in India
V. Conclusion

Part VI: Final Remarks
14. Conclusion

Bibliography
Appendix