Private International Law [electronic resource] : South Asian States’ Practice /
Garimella, Sai Ramani.editor.
Jolly, Stellina.editor.
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.
South Asian Legal Systems and Families in Foreign Courts: The British case -- Choice of Law in International Commercial Arbitration -- The Hague Convention on Choice of Court Agreements – Should the European Union’s footsteps be Followed? -- Conflict of Laws – State Practice in Afghanistan -- Conflict of Laws – State Practice in Nepal -- Conflict of Laws – State Practice of Bangladesh -- Cross-border divorce regime in Bangladesh -- Foreign judgments in Matrimonial disputes – Recognition in Nepal and Public Policy Considerations -- Recognition and Enforcement of Foreign Judgments in Pakistan – Public Policy Considerations -- Cross-Border Surrogacy: Indian State Practice -- Inter-Country Child Abduction – India’s Legal response -- Inter-Country Child Abduction - Pakistan’s Legal response -- Inter-Country Child Abduction – Sri Lankan Legal Response -- Issues of Jurisdiction, Choice of Law and Enforcement in International Commercial Arbitration: A Bangladesh Perspective -- Enforcement of Foreign Arbitral Awards in Bangladesh -- Issues of Jurisdiction, Choice of Law and Enforcement in International Arbitration: An Indian Perspective -- Issues of Jurisdiction, Choice of Law and Enforcement in International Arbitration: A Pakistan Perspective -- Issues of Jurisdiction, Choice of Law and Enforcement in International Arbitration: A Sri Lankan Perspective -- Private International Law Issues in Intellectual Property Cases in India.
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.
Private international law.
Conflict of laws.
Commercial law.
Mediation.
Dispute resolution (Law).
Conflict management.
Private International Law, International & Foreign Law, Comparative Law .
Commercial Law.
Dispute Resolution, Mediation, Arbitration.