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Private International Law: South Asian States' Practice

Private International Law: South Asian States' Practice

Author: Sai Ramani Garimella; Stellina Jolly
Publisher: Springer-Verlag
ISBN: 9789811034572
Published In: January 2017
Format: Hardback
Jurisdiction: Singapore ? Disclaimer:
Countri(es) stated herein are used as reference only

HKD 2,659.00

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This book shows how, with the increasing interaction between jurisdictions spearheaded by globalization, it is gradually becoming impossible to confine transactions to a single jurisdiction. Presented in the form of a compendium of essays by eminent academics and practitioners in the field, it provides a detailed overview of private, international law practice in South Asian nations, addressing contemporary discourse within this knowledge domain.

Conflict of laws/private international law arises from the universal acknowledgment that it is difficult to govern human transactions solely by the local law. The research presented addresses the three major threads of private international law - jurisdiction, choice of law and enforcement - within each of the South Asian countries in the areas of family law and commercial law. The research in family law domain includes traditional areas such as marriage, divorce and maintenance, as well as some of the contemporary concerns in this region - inter-country child retrieval, surrogacy, and the country statement on accession to the Hague Conventions related to this domain. In commercial law the research explores the concerns raised with regard to choice of law issues in transnational contracts, and also enforcement of foreign judgment/arbitral awards in the nations of this region.

Introduction Thematic Statement

Section I. Contemporary Discourse on Private International Law - Some Strand

1. South Asian Legal Systems and Families in Foreign Courts: The British case -- Prakash A. Shah, Reader in Culture and Law, Queen Mary University of London

2. Choice of Law in International Commercial Arbitration - Markus Petsche, Associate Professor, Legal Studies Department, Central European University, Budapest, Hungary

3. The Hague Convention on Choice of Court Agreements - Should the European Union's footsteps be Followed? - Dr. Poomintr SOOKSRIPAISARNKIT, City University of Hong Kong

Section II. Private International Law in South Asia - States' Practice in Family Law space

4. Conflict of Laws - State Practice in Afghanistan -- Wali Mohammed Naseh, Professor of law, University of Kabul

5. Conflict of Laws - State Practice in Nepal - Apurba Khatiwada, Attorney at Law, Prudent Legal Services, Kathmandu, Nepal

6. Conflict of Laws - State Practice of Bangladesh - Mohammed Abdur Razzak, Barrister and Solicitor, Canada, & Advocate, Bangladesh

7. Cross-border divorce regime in Bangladesh -- Md Sanwar Hossain, Barrister at law, Advocate, Supreme Court of Bangladesh

8. Cross-border Divorce - Sri Lankan State Practice -Ruwani Dantanarayana and John Wilson, JOHN WILSON PARTNERS, Colombo, Sri Lanka

9. Cross-Border Divorce Decrees - Recognition in India and Public Policy Considerations - Vasanthi N., Professor, NALSAR University of Law, Hyderabad, India

10. Foreign judgments in Matrimonial disputes - Recognition in Nepal and Public Policy Considerations - Srijana Regmi, Legal Officer, Ministry of Law, Justice, Constituent Assembly and Parliamentary Affairs, Nepal

11. Recognition and Enforcement of Foreign Judgments in Pakistan - Public Policy Considerations - Amanullah Malik, Assistant Professor, Faculty of Law, Punjab University, Lahore, Pakistan

12. Cross-Border Surrogacy: Indian State Practice - Stellina Jolly, Assistant Professor, Faculty of legal Studies, South Asian University, New Delhi

13. Inter-Country Child Abduction - India's Legal response - Molshree A. Sharma, Attorney &

Partner at Mandel, Lipton, Roseborough and Sharma, Ltd., Greater Chicago area, USA

14. Inter-Country Child Abduction - Pakistan's Legal response - Sarmad Ali, Advocate High Court, Lahore, Pakistan

15. Inter-Country Child Abduction - Sri Lankan Legal Response - Rose Wijesekera, Department of Private Law, Faculty of Law, University of Colombo, Sri Lanka.

Section III - Private International Law in South Asia - States' Practice in Commercial Law space

16. Issues of Jurisdiction, Choice of Law and Enforcement in International Commercial Arbitration: A Bangladesh Perspective - Maimul Ahsan Khan, Professor of Law, University of Dhaka, Bangladesh

17. Enforcement of Foreign Arbitral Awards in Bangladesh - Sameer Sattar, Barrister (Lincoln's Inn)

Advocate (Bangladesh Bar)

18. Issues of Jurisdiction, Choice of Law and Enforcement in International Arbitration: An Indian Perspective - Sai Ramani Garimella, Faculty of Legal Studies, South Asian University, New Delhi, India

19. Issues of Jurisdiction, Choice of Law and Enforcement in International Arbitration: A Pakistan Perspective -Ijaz Ali Chisti, Supreme Court of Pakistan, Islamabad, Pakistan

20. Issues of Jurisdiction, Choice of Law and Enforcement in International Arbitration: A Sri Lankan Perspective - Justice Saleem Marsoof, P.C

21. Private International Law Issues in Intellectual Property Cases in India - Vandana Singh, Assistant Professor of Law, USLLS, Guru Gobind Singh Indraprastha University, Delhi India

Conclusion

Glossary