Indian Private International Law

This book provides an authoritative account of the evolution and application of private international law principles in India in civil commercial and family matters. It examines whether India's private international law conforms to international standards and best practices and discusses key aspects such as jurisdiction, applicable law, and the recognition and enforcement of foreign judgments. The book's international and comparative focus makes it valuable for legislators, judges, lawyers, and litigants, and it offers a comprehensive understanding of Indian private international law for academics and researchers.

Format: Hardback
Length: 392 pages
Publication date: 07 October 2021
Publisher: Bloomsbury Publishing PLC

This comprehensive book offers an authoritative exploration of the evolution and application of private international law principles in India, encompassing civil, commercial, and family matters. Through a rigorous evaluation of legislative and judicial decisions, the authors delve into the realm of private international law within the Republic and assess its alignment with international standards and best practices 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), as well as other common law systems like Australia, Canada, New Zealand, and Nepal. The book is structured into 13 chapters, providing a contextualized understanding of legal transformation on critical aspects of the Indian conflict-of-law rules on jurisdiction, applicable law, and the recognition and enforcement of foreign judgments or arbitral awards.

One particularly intriguing aspect of this work 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 intricate interplay of 'Sharia' in the conflict-of-law framework. The book engages in thoughtful deliberations on endorsing the Hague Conference on Private International Law instruments, aimed at promoting enhanced uniformity and predictability in matters of choice of court, applicable law, and the recognition and enforcement of foreign judgments.

With its international and comparative focus, this book serves as an invaluable resource for legislators, judges of Indian courts, and other interested parties, including lawyers and litigants, when confronted with cross-border disputes that require an examination of India's private international law. By providing a comprehensive analysis of the evolving legal landscape, the book contributes to a deeper understanding of the complexities and challenges associated with international disputes in India and offers valuable insights for navigating the intricate web of international laws and regulations.

Weight: 838g
Dimension: 206 x 296 x 31 (mm)
ISBN-13: 9781509938186