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.
