000 04260cam a22003858i 4500
001 22121507
003 VITAP
005 20240627152419.0
008 210709s2021 enk b 001 0 eng
010 _a 2021033855
020 _a9789354352225
_q(paperback)
040 _beng
_cVITAP
042 _apcc
043 _aa-ii---
050 0 0 _aKNS480
_b.J65 2021
082 0 0 _a340.90954 JOL
_223
100 1 _aJolly, Stellina,
_d1976-
_eauthor.
245 1 0 _aIndian private international law /
_cStellina Jolly and Saloni Khanderia.
263 _a2110
264 1 _aOxford, UK ;
_aNew York, NY :
_bHart Publishing, an imprint of Bloomsbury Publishing,
_c2021.
300 _axxxv, 351p. : ill. ; 24cm
336 _atext
_btxt
_2rdacontent
337 _aunmediated
_bn
_2rdamedia
338 _avolume
_bnc
_2rdacarrier
490 0 _aStudies in private international law - Asia ;
_vvolume 6
504 _aIncludes bibliographical references and index.
505 0 _aBasic concepts and status of private international law in India -- Domicile, nationality, and residence -- Proving, pleading, and excluding the foreign laws -- Jurisdiction : which court will adjudicate a matter? -- Private international law practice in marriage -- Private international practice in divorce and related matters -- Private international law practice and children : issues of custody and abduction -- Cross-border surrogacy and private international law -- The applicable law in contractual obligations -- The applicable law in non-contractual obligations -- The recognition and enforcement of foreign judgments -- The recognition and enforcement of foreign arbitral awards -- Looking forward.
520 _a"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 deliberateJurisdiction: Which Court will Adjudicate a Matter? 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"--
_cProvided by publisher.
650 0 _aConflict of laws
_zIndia.
700 1 _aKhanderia, Saloni,
_eauthor.
776 0 8 _iOnline version:
_aJolly, Stellina.
_tIndian private international law
_dOxford, UK ; New York, NY : Hart, 2021
_z9781509938193
_w(DLC) 2021033856
906 _a7
_bcbc
_corignew
_d1
_eecip
_f20
_gy-gencatlg
942 _2ddc
_cBK
_e23
_h340.90954
_mJOL
999 _c45924
_d45924